Physicians for Informed Consent Submits Amicus Brief to U.S. Supreme Court in Pivotal Vaccine Mandates Case


Figure 1. Number of Fully Vaccinated Persons with COVID-19 in Cape Cod July 2021 Outbreak

…unvaccinated persons previously infected with SARS-CoV-2 are 99.9% protected from reinfection, and approximately 180 million Americans have already been infected.

Physicians for Informed Consent (PIC), an educational nonprofit organization focused on science and statistics, filed an amicus brief in support of plaintiff college students who are declining COVID-19 vaccination at Indiana University (i.e., the case of Ryan Klaassen, et al. v. Trustees of Indiana University).

Indiana University recently mandated COVID-19 vaccination for college students. While the college does offer a religious exemption, the college is still requiring unvaccinated students to wear masks and engage in frequent SARS-CoV-2 testing, even if the student proves natural immunity. The plaintiff students brought suit in Federal Court in Indiana (1:21-CV-238 DRL) requesting an emergency injunction because they claim the mandate is unscientific and unconstitutional, and believe government-funded institutions should not be discriminating between citizens based on vaccination status. The trial court denied the request for emergency relief. The plaintiffs then appealed to the 7th Circuit Federal Appeals Court (Case No. 21-2326), which denied the appeal. Plaintiffs have now appealed further to the US Supreme Court (Case Number: 21A15). Per Greg Glaser, PIC General Counsel, “If the Supreme Court is willing to hear the case, it will be particularly significant to instruct courts on how to analyze vaccine cases in the modern day. If the Supreme Court applies ‘strict scrutiny,’ the likely outcome is that unvaccinated students cannot be segregated and discriminated against. But if the Supreme Court applies ‘rational basis scrutiny,’ then the likely outcome is that Indiana University will be allowed to continue its segregation policy. PIC advocates for informed consent as a fundamental right, and therefore strict scrutiny.”

The amicus highlights a Centers for Disease Control and Prevention (CDC) report from a July 2021 outbreak in Cape Cod, Massachusetts, where 469 COVID-19 cases were identified among residents who had traveled to the town and 346 (74%) occurred in fully vaccinated persons. Of the five hospitalized cases, four were fully vaccinated. The CDC stated, “Cycle threshold values were similar among specimens from patients who were fully vaccinated and those who were not,” which means both vaccinated and unvaccinated persons can equally spread SARS-CoV-2 if infected, and there is no scientific basis for discrimination based on vaccination status. Per the CDC, “…preliminary evidence suggests that fully vaccinated people who do become infected with the Delta variant can spread the virus to others.”

“Additional data in the amicus brief illustrates that unvaccinated persons previously infected with SARS-CoV-2 are 99.9% protected from reinfection, and approximately 180 million Americans have already been infected. Restricting people’s life, liberty, and pursuit of happiness based on vaccination status is both unscientific and unethical, and should not be possible for government-funded institutions in the United States,” said Dr. Shira Miller, PIC founder and president.

Physicians for Informed Consent’s body of physicians, scientists, statisticians and healthcare workers is trusted by both patients and practitioners for providing scientific data on infectious diseases and vaccines. To learn more, read PIC’s amicus brief.

About Physicians for Informed Consent

Physicians for Informed Consent is a 501(c)(3) educational nonprofit organization focused on science and statistics. PIC delivers data on infectious diseases and vaccines, and unites doctors, scientists, healthcare professionals, attorneys, and families who support voluntary vaccination. In addition, the PIC Coalition for Informed Consent consists of approximately 300 U.S. and international organizations. To learn more or to become a member, please visit physiciansforinformedconsent.org.

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