Legal Precedent Bodily Autonomy 14th Amendment-McFall v. Shimp
Observations
I came across the following case upholding the sanctity of the individual & bodily autonomy and got thinking about the COVID mandates. We were told, “take one for the team”, “save grandma”, and “for the good of the whole”. We faced consequences of job loss, food, housing, and financial insecurity for refusing the jab. We were socially ostracized, “This is a pandemic of the unvaccinated”.
However, the ruling of the following case clearly establishes that a person could not be legally compelled to participate in medical treatment to save another person's life.
Definition of compelled: : to cause to do or occur by overwhelming pressure and esp. by authority or law
https://dictionary.findlaw.com/definition/compel.html
Constitutional Limits on Such Authority
Even if either the federal or a state government is acting within its authority to respond to COVID-19, a state of emergency does not give it free rein to violate constitutional rights.
https://www.akingump.com/en/insights/alerts/covid-19-emergency-powers-and-constitutional-limits
McFall v. Shimp and the Case for Bodily Autonomy
Written By Alexia Ingram
The case, McFall v. Shimp (1978), ruled that a person could not be legally compelled to participate in medical treatment to save another person's life. The holding of McFall v. Shimp extends beyond this narrow circumstance; Judge John P. Flaherty applied the ruling to the moral obligations of people and other living things, citing the duty of the court to protect the individual from being invaded and hurt by others. [1] McFall v. Shimp employs the physical body's rights and duties, consistent with the discussion of reproductive rights during pregnancy—given the ongoing discourse on the legality of abortion, a critical examination of bodily integrity is necessary to distinguish moral conflicts from legal obligations. McFall v. Shimp set a legal precedent that an individual is not under compulsion to aid another person at their mental or physical expense, upholding the right to bodily autonomy found at the center of the debate on the legality of abortion.
https://hulr.org/spring-2021/mcfall-v-shimp-and-the-case-for-bodily-autonomy
Press ReleasePublished: Jul 28, 2023
Hearing Wrap Up: COVID-19 Vaccine Mandates Sacrificed Individual Freedoms for False Security
Key Takeaways
The Biden Administration forced a novel COVID-19 vaccine on millions of Americans without considering the health of the individual or natural immunity. Removing physicians from this medical decision was politically expedient in the short term but has had disastrous long-term consequences.
https://oversight.house.gov/release/hearing-wrap-up-covid-19-vaccine-mandates-sacrificed-individual-freedoms-for-false-security/
Any force or pressure to conform and accept vaccination should be construed as illegal. Those who mandated and pressured people into taking these toxic injections should be held liable. There is no authority on earth higher than the Creator who designed and created the human body. No human authority can supersede that of our Creator. We were given autonomy over our own bodies by our Creator.
Thanks Dee, great presentation, as usual. What happened to all of our rights was the EUA, (Emergency use Authorization) and the DOD (Department of Defense) so, we were in a military state...anything goes as long as it is good for the "state." As I said, my daughter, who is also a physician, called me stupid for "not understanding" and not doing "my duty." She is a Hodgkin's lymphoma survivor and I wonder when this cancer will return, but of course I've said nothing to her about it, nor will I ever. Hopefully no more EUA and no more DOD.