As predicted, the federal appellate court denied the request for an injunction pending appeal of the IU students lawsuit against the COVID mandate. Hey, it’s an appellate court and it is bound by Jacobson.
The decision is only a few pages, but it did mention an issue raised by a commenter about wanting to force a university to have remote learning. The court of appeal said no can do. The university gets to make that call, not the courts.
Here is the decision. Nothing really surprising in it.
I have to believe that the lawyers knew they were going to lose and didn’t so much care. Now they will file a petition with Justice Barrett to seek a temporary injunction pending appeal.
Per my previous post, I don’t think they’ll get it, and I don’t think the Supreme’s will take it up because it’s not the hot button issue for the conservative members of the court which is infringement on religious practices. But you never know.
It would really throw a monkey wrench into public health determinations by state and local governments if they did not have the ability to issue vaccine mandates during what most people believe is a new wave of the pandemic, and that is why I have said that I expect the Supremes to punt for now. We will see.
Rick Jaffe, Esq.