Attorney General Seeking Records of Women Who Had Abortions

[Eric McTavish]

And the fun never ends in Kansas....



Kansas Attorney General Seeking Records of Women Who Received Late-Term Abortions

By John Milburn Associated Press Writer
Published: Feb 24, 2005

TOPEKA, Kan. (AP) - Attorney General Phill Kline is seeking the complete medical records of nearly 90 women who received late-term abortions to search for evidence of crimes, according to court documents.
The secret investigation began in October, according to written legal arguments filed Tuesday by two medical clinics that are opposing Kline's effort. They are asking the Kansas Supreme Court to intercede, saying if it doesn't, "a woman who exercised her constitutional right to privacy" could find government agents knocking at her door.

Kline, an abortion opponent, scheduled a news conference for Thursday afternoon, and his office said he would discuss "questions raised relating to child rape and abortion in Kansas."

The clinics' brief said Kline had demanded their complete, unedited medical records for women who sought abortions at least 22 weeks into their pregnancies. Court papers did not identify the clinics.

The records would include the patient's name, medical history, details of her sex life, birth control practices and psychological profile. The clinics, who say nearly 90 women would be affected, are offering to provide records with some key information, including names, edited out.

"These women's rights will be sacrificed if this fishing expedition is not halted or narrowed," the clinics' brief said.

On Oct. 21, Shawnee County District Judge Richard Anderson ruled that Kline could have the files. The clinics then appealed. The clinics' appeal is on an expedited schedule, said Ron Keefover, the Supreme Court's spokesman.

The clinics filed their request with the Supreme Court in October and outlined their legal arguments in a brief filed Tuesday. Though other documents in the case remain sealed, the brief filed Tuesday was not. The Wichita Eagle disclosed Kline's investigation in a story published Thursday.

In their brief, the clinics' attorneys said a gag order prevents the clinics from even disclosing to patients that their records are being sought. Attorneys declined to comment Thursday, citing the order.

"You can see our desire to discuss as much as possible, but we feel constrained," said Wichita attorney Lee Thompson, who is representing one of the two clinics.

Thompson declined to say if his client was Dr. George Tiller, whose Wichita clinic is known as a provider of late-term abortions and is a frequent target of abortion opponents.

Kline began pushing in June 2003 to require health care professionals to report underage sexual activity. He contends state law requires such reporting because sex involving someone under 16 is illegal in Kansas, whatever the circumstances.

But after several health care providers sued, a federal judge issued a temporary restraining order, citing the confidential patient-doctor privilege. The case is still pending.

http://ap.tbo.com/ap/breaking/MGB1BQ3AL5E.html

[Nevada]

hmmm...I guess issues like murder, drug use etc are out of fashion and violating private health care informaiton is in

[Ysobelle]

And if all this sounds chillingly familiar, it's because this is at least the third time we've heard about it.

This article is from MAY, for heaven's sake:

http://plannedparenthood.org/pp2/portal/files/portal/webzine/newspoliticsactivism/fean-040517-abortion-records.xml

[Bean]

Okay, goin' out on the limb here as someone who has had an abortion. Anyone who is close to me knows about it, but I don't think my legislators need to know about this. Although, I just put this information out there on the web, so I guess it's not a secret anymore..... I was 18 and scared shitless and it was the best option for me. I don't expect people to agree with me, just acknowlege my right to choose......

[Lady Laurel]

It was on the CNN website this morning. Just about the same article.
Go to www.cnn.com

[Lady Laurel]

Sorry to double post but here is the article on CNN website.


TOPEKA, Kansas (AP) -- The Kansas attorney general is demanding abortion clinics turn over the complete medical records of nearly 90 women and girls, saying he needs the material for an investigation into underage sex and illegal late-term abortions.

Two clinics are fighting the request in Kansas Supreme Court, saying the state has no right to such personal information.

But Attorney General Phill Kline, an abortion opponent, insisted Thursday: "I have the duty to investigate and prosecute child rape and other crimes in order to protect Kansas children."

Kline is seeking the records of girls who had abortions and women who received late-term abortions. Sex involving someone under 16 is illegal in Kansas, and it is illegal in the state for doctors to perform an abortion after 22 weeks unless there is reason to believe it is needed to protect the mother's health.

Kline spoke to reporters after details of the secret investigation, which began in October, surfaced in a legal brief filed by attorneys for two medical clinics. The clinics argued that unless the high court intervenes, women who obtained abortions could find government agents knocking at their door.

The clinics said Kline demanded their complete, unedited medical records for women who sought abortions at least 22 weeks into their pregnancies in 2003, as well as those for girls 15 and younger who sought abortions. Court papers did not identify the clinics.

The records sought include the patient's name, medical history, details of her sex life, birth control practices and psychological profile.

The clinics, which said nearly 90 women and girls would be affected, are offering to provide records with some key information, including names, edited out.

"These women's rights will be sacrificed if this fishing expedition is not halted or narrowed," the clinics said in court papers.

On October 21, state District Judge Richard Anderson ruled that Kline could have the files. The clinics then filed an appeal with the high court. No hearing has been scheduled.

The clinics outlined their legal arguments in a brief filed Tuesday. Though other documents in the case remain sealed, the brief filed Tuesday was not, and The Wichita Eagle disclosed Kline's investigation in a story published Thursday.

In their brief, the clinics' attorneys said a gag order prevents the clinics from even disclosing to patients that their records are being sought. Attorneys declined to comment Thursday, citing the order.

"You can see our desire to discuss as much as possible, but we feel constrained," said attorney Lee Thompson.

Thompson declined to say if his client was Dr. George Tiller, whose Wichita clinic is known as a provider of late-term abortions and is a frequent target of abortion opponents.

Kline would not discuss the scope of the investigation. Recently, Kline's office helped Texas authorities gather information from Tiller regarding a pregnant teenager who sought his care and died in Kansas.

Kline began pushing in 2003 to require health care professionals to report underage sexual activity. Kline contends state law requires such reporting, but a federal judge blocked him. The case has yet to be resolved.

[aspen]

It's a fishing expedition, and with Kline's ties to Conservative Christians (he's under investigation for trying to get around the KS Open Meeting Law by meeting with pro-creationism school board members in smallgroups), he's being watched very closely.

Before everyone thinks that Kansas is completely hopeless, we do have a Democrat governor.

Aspen

[Ysobelle]

Before everyone thinks that Kansas is completely hopeless, we do have a Democrat governor.

Aspen


Then where the hell is he?

There's one thing that makes no sense to me in all this. Why is this Attorney General trying to prosecute crimes by abusing the victims? Many women do not want to prosecute their attacker for whatever reason, nor do they want to "turn in" their boyfriend/lover/etc. How is releasing the abortion record of a raped woman going to help find her rapist? Also, doesn't this skate closely to a violation of the Fifth Amendment, which states that no person can be forced to incriminate themselves? If I know I've done something illegal-- say I'm a 15 year old who's had sex with an 18-year-old-- and I go to Planned Parenthood, and I have to fill out their forms in order to get the abortion I need, aren't I in essence saying, "Here I am, I'm guilty"?

And if a woman's been raped, I hate to say this, but she DOES have the right to not report it and/or press charges. If she makes the decision to put it behind her and move on with her life, how does the State have the right to force her into court?

And why aren't more people hysterical about this? Gah.

[Bean]

I watched a bit of the KS Att. General speaking on MSNBC today and he is putting the spin on it that they are after the records to prosecute statutory rape. What I don't get is why he is after records of women who are OVER the legal age of consent...... My opinion is that he is trying to push his pro-life agenda. I can't believe a judge would grant the access.

[Ysobelle]

I watched a bit of the KS Att. General speaking on MSNBC today and he is putting the spin on it that they are after the records to prosecute statutory rape. What I don't get is why he is after records of women who are OVER the legal age of consent...... My opinion is that he is trying to push his pro-life agenda. I can't believe a judge would grant the access.

But even so, he cannot FORCE these women to name the men they had sex with, especially if it's a case of a young girl with an older boyfriend. Yeah, maybe a sixteen year old shouldn't be having sex with a twenty year old, but if she's not going to say who he is, are they going to tie her up and interrogate her til she "confesses"?

And it's such a narrow field-- how many of these women having relationships with older young men actually have to have abortions? And honest to G-d, if no charges are being filed, doesn't he have better things to do?

Shudder.

[Muireadach - PirateRogue]

In their brief, the clinics' attorneys said a gag order prevents the clinics from even disclosing to patients that their records are being sought. Attorneys declined to comment Thursday, citing the order.

This is the part of that story that pisses me off the MOST. beyond all the other issues this prevents the individuals from fileing privacy act violation lawsuits.

[Ysobelle]

In their brief, the clinics' attorneys said a gag order prevents the clinics from even disclosing to patients that their records are being sought. Attorneys declined to comment Thursday, citing the order.

This is the part of that story that pisses me off the MOST. beyond all the other issues this prevents the individuals from fileing privacy act violation lawsuits.


Yes. Though, on the other hand, it means any woman could bring suit against him.

[Muireadach - PirateRogue]

Problem with any woman bringing suit is, if too many women do it, it would backlog the courts and therefore allow other stuff to happen while a judge is spending time throwing out what turns out to be "frivilous lawsuits" from women not named.

It also is a waste of money for the DA's to have to show up in court for all the lawsuits. Just a personal thing for me i see too much waste of goverment time and money because of all kinds of stuff where there just isn't enough information out there.

But if it comes down to it all the women filing suit could possibly put a hold on the case if one of the first women to have their case heard is actually on the list.

[Bean]

You'd think now that Kansas has arrested a suspect in the "BTK" serial killer case the Atty. General's office will have some better things to do that hunt down innocent women and terrorise them over a LEGAL decision they made. It only took them how long, 15 years and g-d knows how many killings before they found the person.

And pardon me, if an underage pregnant girl didn't want to name the father's name when she had the abortion, why in hades to they think she will now?? I know they didn't ask me the father's name when I had mine back in 1983. According to what's his face on late night cable, O'Reilly, that's what they want to find in the records. Sorry, Charlie, or Bill in this case.... you won't find what you're looking for....and another thing, why are they not trying to find and prosecute the "fathers" in live birth or adoption cases involving underage girls...... hmmmmmmmmmmmmmmmmmmm..........