Friday, February 25, 2005

LaBelle sends another link

Kansas Attorney General Phill Kline is demanding that two abortion clinics turn over the names, sexual histories and medical records of 90 women who received late-term abortions.

The clinics accuse Kline of mounting a “secret inquisition” that violates privacy laws and patient-doctor privilege, and they have asked the state Supreme Court to intervene.

This is not the first time prosecutors have tried to gain access to abortion records. Then-Attorney General John Ashcroft tried to get abortion records last year to see whether federal law was being followed. Medical records are protected in most instances, but the law allows prosecutors to subpoena them for criminal investigations.

[...]

The legal back-and-forth began last fall but only became public this week when the clinics filed a brief asking the Supreme Court to intervene. That is because a gag order was imposed on both sides, and all legal documents were sealed.

Kline, who opposes abortion, was tightlipped about his motives Thursday. At a brief news conference he told reporters that the subpoenas sent to the clinics were meant to uncover evidence to be used in investigations of crimes that could include child rape.

[...]

Two years ago Kline had called for all health-care providers in the state to report underage sexual activity. A U.S. district judge blocked that move.

In the brief filed this week, the clinics point out that Kline's requests single out women who received late-term abortions, and not specifically young girls who may have been raped. The women all received abortions during or after their 22nd week of pregnancy, which is allowed in Kansas only if the fetus is not viable or if the pregnancy presents a significant health risk to the pregnant woman.
  Kansas City.com article (registration required - use BugMeNot in the sidebar to get around it)

And if you're betting that the laws won't be changed to permit them getting those records, I'd advise you to keep the bet well within limits you can afford. How about putting some of that prosecutorial energy into getting these, and these, protected child molestors stopped and put away?

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