Politico Finds 'Lost' Obama Law Review Article

The Politico:

An unsigned 1990 article unearthed by Politico offers a glimpse at Obama's views on abortion policy and the law during his student days.

As president of the Harvard Law Review and a law professor in Chicago, Senator 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, 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.

Read the whole story: The Politico

Comments

[MsLiz]

What seems to be over looked here is that this case involved an insurance company which did not want to pay for the damages to the infant caused by the car accident.

Obama's stance was against judicial activism.

[CalliDem]

They also found his "lost" brother living in a hut but you sure don't see any MSM information of THAT

[jeg]

His "lost" brother isn't living in a hut, and is training to be an auto mechanic, and says he's doing just fine.

Or did you not actually read the interview with him?

[Viper]

But read the comments of the people at Politco..

They complain because they cant find his works at Columnia.. or lots of his scholarly works at Harvard.... Thye imply he got where he was because he is black and thus cant be smart... unles he is black like Condi Rice.. LOL/.

Well we would love to see the scholarly works of BUSH and McCain... LOL! Search will not take long! ZIPPO!

They want to know what OBama did in College and yet we cant get McCains Military record.. why was his career haulted... why was he denied further promtions...

On states Obama got part of our Disarmament Missile agreerments with Russia wrong in something he wrote at Columbia when he was 27... Bush nor McCain could find Russia at age 27.. BUsh at 27 was rarely sobber.

They talk about his drugs..when Bush and McCain both had drinking problems in school and in the Military.

Its crazy!

Lol... no I'm crying... Its really all about race... and its really sad.

Regards

Regards

[liberation4life]

That's why I do not read the comments on poli-tico..their participants aren't wrapped too tight.

And I AGREE THAT IT IS SAD this campaign is about RACE. Almost drives me to tears.

[research]

Agree except about race,

Watch the MSM do the same thing to Biden.

It's about party.

[KOisGod]

I personally don't know ANYONE who has had an abortion.

What about the rest of you? Every pregnency is wildly celebrated and that child is brought into this world with love and wonder in my circle of acquaintances. Zero abortions.

So why is this an obsession?

[marylandtravelinman]

Correction, no one you know has TOLD you they have had an abortion. That doesn't mean no one you know has had an abortion.

The stigma perpetuated on women by the anti-abortionist society tries to stigmatize certain reproductive choices.

And to answer your question, yes I know several women who have had abortions and I bet you do to.

[philinmedford]

Exactly! I'll also add the subject of sexual abuse. Over my lifetime I have been told by the majority of women that I have had in my life (that I was intimate with), that they were abused, raped during their lives. The people in our circle of friends would of been amazed at their comments.

[philinmedford]

I don't know about the obsession part but you asked "what about the rest of you?", so I'll weigh in.

The pregnancy IS wildly celebrated, but the abortion is held to be a very private matter in most cases. The first is shared with many friends/neighbors the latter not shared so much.

[thinklib]

If abortion is nothing to be ashamed of, why don't more people 'share' when they've had one?

[wiseapple]

The pregnancy is usually a very private matter for the first 3 months until there is a degree of certainty. Most abortions occur before the 3 month certainty threshold at which time there is no resaon to share/celebrate. That's how I would distinguish the two.

[YouDisgustMe]

i know one person who did. i think it is a big injustice to bring an unwanted child into this world (more so when you're a teenager).

republicans are too slow to realize how much society suffers from unfit parenting

[thinklib]

Yes, society suffers from unfit parenting. So instead of learning to become better parents, let's kill the baby.

[RoCali]

I know two people who have. One had already lost two children to a genetic disorder and the third pregnancy, upon testing, was determined to have the same disorder. She chose to terminate rather than endure the agony of watching a third child die. The other was in the process of undergoing treatment for cervical cancer, with a long history of reproductive problems. Knowing she might never be able to become pregnant again, it was a terribly difficult decision, but she ultimately decided termination was best to allow further treatments for the cancer. Both women faced a choice I'd never want to deal with and did the best they could under very difficult circumstances. That is why I am pro choice; I simply don't have the right to tell another woman what she can and cannot endure. It's just too personal a matter.

[Shea4O]

I had an abortion when I was 19 years old; I had been in a car accident and then found out I was pregnant and a boyfriend that was devasted because it would hurt "his families reputation". My doctor advised that I should have an abortion due to the amount of medication tI was taking after this accident that was affecting a 6 week old fetus. My decision was made and I pursued it. The government of this country should NOT get involved in women's rights and their decision of what they do. It's my body, I work,, I pay taxes....I don't want a government telling me what I can and cannot do with my life. That is what is done in China and that is why many go to China to adopt little girls. Now
for the pro-lifers would you tp go to the neareset orphanage and adopt a child that has no familyor an older orphan that appears to be unadoptable? How many of you go to the police or call social services when a small child is being moldested or abused by parents that should never have been parents at all. You have to realize that yes, there are some that make the mistake of getting pregnant and some of those do realize that are not parent material,. It is a hard decision and those that go through it know it well....but if you haven't walked in their shoes....you wouldn't understand.

[bodi1313]

It is an obsession because it is taking a life!
I had an abortion at 19 years old. I thought, "what's the big deal"? Well 40 years later I understand what a big deal it is. I never was able to have another child, and have had two mental breakdowns over what I did. I could have had the baby and given it up for adoption. They are thousands of people who would have loved to care for the child.
I have always been a Democrat (not anymore), but I would never vote Obama. Not because 'he's black', rather I don't believe he has ever done anything in his career to deserve the Presidency.

[prejteach2]

Forgive me for not believing you. THat old " I had a breakdown and couldn't have children" is the rightwing talking point . What you are basically sayng is because you have mental issues, therefore no woman should be able to make that decision. I know many young girls who had abortions and later had wonderful healthy children. An abortion doesn't cause sterility nor mental illness.
For one thing Obama has done something in his career that you should see............he has inspired millions all over the world and that is nothing to ignore. When people like you they willngly follow your leadership and his leadership has been just fine. But then again, you can vote for a man who you do n know what he has done in his career and that vis ote for Bush 90% of the time. I am glad you loved Bush so.............

[mjtaylor22]

Our country calls for a legal separation of church and state, we also can practice any religion we believe in without persecution. That is the right of all Americans. The USA must keep the integrity of our laws to watch out for and protect all factions of our society, the religious and their different sects, the non religious, regular everyday people as well. In this light it is necessary to have a legal structure around abortions and the like. Without this structure women who seek this medical procedure would be once again be subject to back alley abortions, and wire hangar treatments. My God asks me to spread his word, not to go out a bully people into my religion, nor to force my views upon others. In this light a politician with a religious back ground should not use his/her position to subjugate those who do and or do not believe as he/she does to the rules of their religion. God definitely does not command us to force other to his way and our laws prohibit using religion in conjunction with federal policy......You should not bully others into your position it is illegal and unChristlike, nuff said

[takingbkourcountry]

IMHO This gem should be EVERYBODY'S favorite. Against abortion, FINE....support sane easy access BC . Thanks mjtaylor

[LAB10]

OK, so Mac still wears the flipflops.

[gladys46]

I guess any & everybody who has paid attention to Obama knows that he is pro-choice and, he goes on to say abortions should be safe but few!

I'm happy to see reports by any source that O has supported the rights of women very early in his life and that he upholds the LAW OF THE LAND as it is legislated, until such time as it is no longer the law!!!! Roe is still a well-settled legal right of women in this country .. period!!!

[philinmedford]

I'd be careful about opening a can of worms like this. What if a totally out of this world unsigned artlcle was to be attributed to him? That knife can cut both ways.

[gladys46]

What would that be ... like his mother was white!!?

[KOisGod]

Or that his father *GASP* was BLACK ! ?

OH, wait

[philinmedford]

What are you talking about? What at all did my post have to do about race?

I'm talking about some article that would be considered "wacko" (and this could be an extreme left OR right slant) that would be detrimental to his being elected.

The perils of attributing unsigned documents to someone.

[AshevilleVoice]

Fetuses suing their mothers, oh my.

Maybe sperm should be able to sue if they end up in a condom. Eggs can sue if they are donated, discarded, or otherwise barred from fertilization. Maybe churches can be sued by eggs and sperm for discouraging natural sexual urges, thereby preventing life from taking its natural course and creating new life.

[gladys46]

Stop!! You're hurting reThug's heads!!! ; )

[Furby]

What do republicans have to do with this article?

[allonfla]

Doesn't this confirm that Obama is pro-choice? A fetus suing its mother? Don't mothers get blamed enough for all the things that have gone wrong in our lives? But that's what happens when you take on the most responsibilities - where are you daddy?

[abby4ever]

It is logically untenable, the argument collapses. If a fetus sued it's mother for depriving it of life, you'd have something that doesn't exist being deprived, and that isn't possible. Deprivation requires existence. That is, you have to exist to be deprived of anything. It is absolutely absurd.

[thinklib]

But the fetus existed. At least for a while.

[abby4ever]

I've never heard of anything as ridiculous as the idea of fetuses suing their mothers.

[08politicaljunkie]

I think it's a valid suit if the mother continues to smoke, drink or do drugs while pregnant. There's too much information out there warning against it, and it's been out there too long.

Pregnant smokers irk me. Smokers irk me. Pregnant ones irk me more.

[Boadicea]

Could we please now revisit all the scholarly writing McCain did in his educational career?

Oh. Right.

[V4Vigilance]

Arugula, POW, Rezco, POW, Messiah, POW, Paris Hilton, Hanoi Hilton, POW.

[thinklib]

Given a choice between a President who comes from a faculty lounge and one who comes from a cockpit of an Air Force fighter jet, I think most Americans would choose the latter.

Then again, it's above my pay grade.

[RatgurlSD]

Don't speak for "most Americans." You always get it wrong.

[Strywever]

Why -- because they need someone to lead them in bombing runs?

Guess we'll find out if you're right in November. Be sure to come back and let us know, will you?

[Kynn]

McCain ejects from cockpits.

[levelshot]

He wrote notes on "how to sneak out the Naval Academy to hit streets and party all night and still graduate in the bottom 5% of your class."

[uclafan]

I really hope this election does not become an abortion debate.

In California,

Gas is still $4.00 a gallon

Food prices are high

My 19 year old nephew leaves for Iraq in one week

We have a foster child - so there was one baby who was not aborted

Lets FOCUS people!

[yvonne61]

BARAK DAMN IF HE DO OR DAMN IF DON'T PEOPLE ACT LIKE THIS MAN IS A MONSTER FROM HELL. GET OVER IT HE A GOOD MAN AND YOU CAN'T STAND IT.

[yvonne61]

IT'S A WOMAN BODY SHE CAN DO WAHTEVER SHE WANT TO DO WITH IT. A COURT CAN'T AND WILL NOT TELL ME WHAT TO DO WITH IT.

[HallStyle]

Damn Right! YOU GO GIRL!

[Furby]

yikes

[marylandtravelinman]

It all depends who is elected and what kind of SCJ they appoint. Consensual homosexual sex was illegal until only the past two years. Don't be fooled into thinking the state can't restrict your rights, they do it to people every day. VOTE Democratic and tell your friends to vote that way too!