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Justice Amy Coney Barrett Weighs in on Vaccine Mandates

Erin Schaff/The New York Times via AP, Pool

Justice Amy Coney Barrett, the last justice former President Donald Trump nominated to the U.S. Supreme Court before leaving office, is drawing ire from some conservatives with her decision on school vaccine mandates. 

As Andrew Mark Miller pointed out for Fox News, Barrett had jurisdiction over the appeals court which has ruled on the case. It was Barrett's call to make, which she did. She also could have referred to the full court, as Fox News' Shannon Bream highlighted.

The university mandates students and staff receive the COVID-19 vaccine before classes begin on August 23, unless they qualify for exemptions, in which case they must take special precautions. Those who don't will have their registration canceled or lose their jobs.

As Miller detailed in his reporting, the vaccine mandate has been upheld by the courts all along the way, and from Republican-appointed judges:

A three-judge federal appeals court panel, including two judges appointed by former President Donald Trump, was one of two lower courts to side with Indiana University and allow it to require vaccinations. The plan announced in May requires roughly 90,000 students and 40,000 employees on seven campuses to receive COVID-19 vaccinations for the fall semester.

In July, an Indiana district court judge sided with the university in declining to issue a preliminary injunction blocking the vaccine mandate. The U.S. Court of Appeals for the 7th Circuit voted 3-0 to uphold the decision earlier this week. Two of the three appellate judges were appointed by Trump and the third by former President Ronald Reagan.

The backlash against Justice Barrett was stern and swift, with some even criticizing Trump for nominating her in the first place.

This is the first vaccine mandate to find its way before the Supreme Court as an emergency appeal.

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