Little bit of info about McFall vs Shimp (also known as “Why abortion will likely remain legal whether or not you like it.”)

professorfangirl:

prochoice-or-gtfo:

moriah-explains-it-all:

McFall versus Shimp happened in Pennsylvania in 1978. This guy named Bob McFall was dying. He had aplastic anemia and was circling the drain. If he didn’t get a bone marrow transplant, he would surely die. Well, Bob had a cousin named Dave. He was the only viable option for a successful transplant, but he didn’t want to give of his body to save anyone. Even his cousin Bob. They went to court. The judge found in favor of Dave. Because he didn’t think it would uphold the law of the land to force someone to give of their body, even if it meant Bob would die. Bob died. 

Now, since then, that case has been cited every. single. time someone has taken someone to court to try and fight for the right to use their body even though the other person has said no. The United State Supreme Court has upheld that no one has to give of their body to keep another alive. Regardless of circumstances, no one has been forced to give of their body to save another. They’ve used the 4th and 14th amendments to continue to guarantee a person’s right to their body granted to them upon birth. 

When people try to make the decisions for others based on their beliefs, people like Savita Halappanavar, Angela Carder.. in the case In re Klein, a guy had to fight to get his wife the aggressive treatment she needed to survive (she was in a coma) and had to fight against “prolifers” to save HER life over that of the fetus. In Curran v. Bosze, a mother didn’t want her twins to give bone marrow to save their brother. Their father wanted them to, the Illinois court said,”Nope. Do not pass go, do not collect $200.”

Long story short? Even if someone will die as a direct result of your action (even if that action is INACTION) you are not obligated to give of your body for any reason to save the life of another. A fetus is not above the law. If you think it’s equal, then it needs to follow the law as equally as the rest of us. None of us can use someone’s body to keep us healthy and alive without their willing, continued consent. And that’s the law of the land. 

I refer to McFall vs Shimp a lot, so here’s a nice Sparknotes version of that precedent setting case.

-V

You don’t have to give of your body even if you’re dead (that’s why you have to agree to be an organ donor ahead of time). As someone once said, forcing women to give birth means they have less right of self-determination than corpses. (x)