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Barack Obama's Harvard Law Review Student Case Comment

May 16, 2009

Obama spokesman Ben LaBolt wrote to Politico in an e-mail:

Like most second-year law students on the Harvard Law Review, Senator Obama wrote an unsigned student case comment that summarized a recent decision by a state or lower federal court. The piece analyzed a case in which a mother was sued by her child for injuries caused by the mother’s negligent driving during her pregnancy. Senator Obama concluded that, in such cases, the Illinois Supreme Court was correct not to allow lawsuits by children against their mothers. He wrote that the best way to protect the health of fetuses was to provide prenatal education and health care to pregnant women – issues he remains committed to today and which he has worked to advance as a legislator and in this campaign.

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. — Title of Barack Obama’s unsigned student note for the Harvard Law Review (1990), published a month before he became president of The Review

View Pdf. online at Scribd

The final thought:

“Expanded access to prenatal education and heath care facilities will far more likely serve the very real state interest in preventing increasing numbers of children from being born in to lives of pain and despair.”

Paul L. Caron – TaxProf Blog
Ben Smith & Jeffrey Ressner – Politico
Dan Slater – WSJ Law Blog


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