NOBLE COUNTY, Ind. (WANE) – An Indiana University student from Noble County, along with seven other students, filed a Motion for Injunction Pending Appeal in the lawsuit over IU’s vaccine mandate on Tuesday.
“Not requiring IU to justify their Mandate under the heightened level of scrutiny due in this case was a fundamental error,” argued the appeal. It says if the court were to apply the heightened scrutiny, then the “students would almost certainly succeed.”
This comes after a federal judge upheld Indiana University’s vaccination policy over the weekend. Noble County’s Ryan Klaassen is among the students arguing that the university’s policy violated the Fourteenth Amendment.
The appeal also argues that “this Court correctly held that Students ‘have a liberty interest under the Fourteenth Amendment’s due process clause.’ However, this Court erroneously held that this interest was not sufficient enough or fundamental enough to warrant higher scrutiny.”
In the appeal, the students requested a ruling from the court on or before Thursday, July 22, 2021.