"Exclusive: Obama's lost law review article" from Politico reports on the singular article that Barack Obama authored while at the Harvard Law Review - and given that he had no scholarly articles published while he was a law professor or lecturer at the University of Illinois at Chicago, it is noteworthy that it is about abortion - the legal right of a fetus to sue a mother for negligence. It is interesting that Obama, who claims to champion the civil rights of others, wrote his only legal paper on taking rights away.
TORT LAW - PRENATAL INJURIES - SUPREME COURT OF ILLINOIS REFUSES TO RECOGNIZE CAUSE OF ACTION BROUGHT BY FETUS AGAINST ITS MOTHER FOR UNINTENTIONAL INFLICTION OF PRENATAL INJURIES is the weighty title of the six page paper in which Obama comes out against the fetus in this scenario.
The six-page summary, tucked into the third volume of the year's Harvard Law Review, considers the charged, if peripheral, question of whether fetuses should be able to file lawsuits against their mothers. Obama's answer, like most courts': No. He wrote approvingly of an Illinois Supreme Court ruling that the unborn cannot sue their mothers for negligence, and he suggested that allowing fetuses to sue would violate the mother's rights and could, perversely, cause her to take more risks with her pregnancy.
Comments