Pitching A Legal Fit In Indiana
– By Ed Kociela –
The fact that childish behavior and modern-day politics have become synonymous was underscored when a group of hellions attending Indiana University threw a tantrum all the way to the dockets of the Supreme Court of the United States last week.
It appears that the students don’t like the idea of being vaccinated against the coronavirus disease or wearing a mask to protect themselves or others.
Eight students from the school petitioned SCOTUS after a Chicago-based court of appeals ruled in favor of upholding the university’s decision in May to require students, faculty, and staff to be vaccinated. On Wednesday the school also announced that it will require all students to wear masks indoors while on campus. The university has 40,000 employees and 90,000 students spread across seven campuses. It has allowed exemptions for students on religious or medical grounds but requires them to undergo two COVID-19 tests per week. The school isn’t alone in its vaccine requirement. Hundreds of other heavyweight colleges and universities across the country have also issued similar mandates, from Princeton and Harvard to Stanford and UCLA.
The students cited the 14th Amendment in their filing stating that the vaccination requirement violates their constitutional right to bodily integrity, that “all students are adults, are entitled to make their own decisions, and have a constitutional right to bodily integrity, autonomy and of medical treatment choice in the context of a vaccination mandate.”
The filing also argued that “Indiana University, however, is treating its students as children who cannot be trusted to make mature decisions.”
Sorry, but the decision to go unvaccinated is about as childish as it gets in 2021. Instead of throwing tantrums, these kids should buck up, roll up their sleeves and take their medicine.
Besides, this should be a slam dunk for the justices because of a 1905 SCOTUS ruling that allowed Massachusetts to impose a penalty on those who refused to take the smallpox vaccine.
The court doesn’t always get it right, of course, like when it ruled against a decision that would have limited the size of gatherings for indoor worship services during the COVID-19 lockdown, using the 1st Amendment for its weak justification.
Look, I am not a proponent of government oversight. I’m not radical about state’s rights. And, I am certainly not a fan of a minority deciding the fate of the majority. But, I do believe that the overarching role of government is to serve the public good and that not only should SCOTUS rule in favor of the Indiana University mandate, but the feds should also step in and require vaccinations for everybody from every walk of life.
In fact, it may be inching in that direction.
Last month the Department of Veterans Affairs became the first federal agency to require vaccinations. Other jurisdictions on the state and local levels have also issued such mandates. And, it is moving into the private sector. United Airlines became the first carrier to issue a vaccine mandate while Google, Facebook, Tyson Foods, and Microsoft led the way in requiring vaccinations for employees. Other companies have varying requirements, some limited to white-collar employees, others to those who travel as part of the job.
The overall numbers of the vaccinated could soon take a major jump as it appears that the Food and Drug Administration is likely to give full approval to the Pfizer vaccine in a matter of weeks, and do likewise for the AstraZeneca vaccine sometime in the fall.
At that point, you will see the military come under orders to fully inoculate the troops, who are already mandated to be vaccinated against 17 different diseases.
The reason they have not been ordered to line up for COVID-19 shots so far is that there is a law that prohibits the military from requiring treatment that has not been approved by the FDA, which has granted use of the vaccinations on an emergency basis. It was put in place to ensure that members of the military are not used as guinea pigs for new medical treatments.
In a perfect world, we wouldn’t need mandates to get people to do the right thing because it’s a simple decision if you do the math. The lethality of coronavirus has been proven. While more than 616,000 people have died from the disease less than 1 percent of the fully vaccinated come down with coronavirus. Less than 0.004 percent of the fully vaccinated have required hospitalization. Less than 0.001 percent of the fully vaccinated have died. So, if you are fully vaccinated and have no major comorbidities, you are, for all intents and purposes, safe. In fact, if you are fully vaccinated, you are more likely to die from a bee sting than from COVID-19, you are more likely to die from a case of seasonal flu than from COVID-19, and you are more likely to die from choking on your dinner than from COVID-19.
The health experts are predicting a surge in the Delta variance sometime later this month or early in September. There is, however, time to make that prediction false and that is if we see an immediate upsurge in vaccinations.
Like everything in this world, the COVID-19 vaccination has been politicized because, let’s face it, everything is political these days.
But, don’t gamble your health on some political witchcraft. Don’t avoid getting the vaccine because Donald Trump has not wholeheartedly endorsed it and don’t get the vaccine because Joe Biden has so publicly endorsed it. Get the vaccine to cover your backside, to ensure your viability, to protect those around you. Get the vaccine because it is the right thing to do.
The children at Indiana University who are trying to clutter SCOTUS’s time with this frivolous filing are throwing an ill-advised tantrum.
Even this conservative court is unlikely to give them an unfavorable decision, especially because of the legal precedent from 1905. It is not uncommon for the court to overturn previous decisions, but it takes a strong case and involves considerations regarding the strength of public opinion. In this instance, with only one file briefed against one school out of hundreds that also implemented the mandate, it is clear public opinion will not be persuasive, no matter how loudly the little brats at Indiana University squall and pitch a fit.
It’s nap time, kiddies.
Take your shot and we’ll give you some graham crackers and milk before you curl up with your blankie.
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Well reasoned and well said, Ed. I couldn’t agree more. I am a strong defender of Constitutional rights and in this case, I believe that the students are still “entitled to make their own decisions.” In this case, they have the right to decide whether or not to attend Indiana University or attend another university that doesn’t require vaccinations…if they can find one.