Barack Obama in Politico.com


On Abortion: 1990: Wrote law article that fetus cannot sue mother

As president of the Harvard Law Review and a law professor in Chicago, Barack Obama refined his legal thinking, but left a scant paper trail. His name doesn’t appear on any legal scholarship. But an unsigned--and previously unattributed-- 1990 article unearthed by Politico offers a glimpse at Obama’s views on abortion policy and the law during his student days, and provides a rare addition to his body of work.

The six-page summary 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.

Obama’s article, which begins on pg.823 of Vol.103 of the Harvard Law Review, is available in libraries.

Source: Politico.com, “Obama’s lost law review article” Aug 22, 2008

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