SOUTH BEND, Ind. (WBBM NEWSRADIO) -- A federal judge in South Bend said he will rule “very soon” in the case of eight Indiana University students suing the school over its COVID-19 vaccination policy.
Indiana University's policy requires that all students, faculty, and staff be vaccinated with some religious and medical exceptions, or they will be required to continue with COVID protocols, including wearing masks and be tested regularly.
The attorney representing the students, James Bopp, argued the policy is unconstitutional.
"IU is claiming carte blanche to do whatever they want; that they think that they can impose any measure in the name of public health and won't have to provide any evidence to support it, won't have to provide justifications for doing it," Bopp told WSBT.
IU attorneys cited a Supreme Court ruling from 1905 that essentially cuts the courts out of any decision-making when it comes to vaccines.
Bopp suggested it may be overturned.
"They rely on a case during the Progressive Era that basically wrote the courts out of any review of public health...Giving no authority to the courts to review a public health measure imposed by the government? That's ludacris," Bopp told WSBT.
In a statement after releasing the vaccine policy, IU said it continues the university’s science and public health-driven approach to managing and mitigating the pandemic.
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