Shawnee County, Kan., District Court Judge Richard Anderson -- who permitted Kansas Attorney General Phill Kline (R) to view edited medical records of 90 women and girls who underwent late-term abortions -- on Monday filed a response with the state Supreme Court asking that some information about the case be kept confidential, the AP/Kansas City Star reports (Hanna, AP/Kansas City Star, 11/28).
Kline in 2004 subpoenaed the records 90 women and girls who in 2003 received late-term abortions at Comprehensive Health, which is operated by Planned Parenthood of Kansas and Mid-Missouri in Overland Park, Kan., and Women's Health Care Services in Wichita, Kan., saying there is probable cause that each record contains evidence of a felony. The original subpoena asked that the records include each patient's name, medical history, birth control practices, psychological profile and sexual history and asked for the records of all women and girls who sought abortions at or after 22 weeks' gestation. The clinics in March 2005 filed a brief with the state Supreme Court requesting that the court block Kline's subpoena, and the court in February ruled that Kline can seek access to the records but that he must return to Anderson and present his reasons for seeking the subpoenas. Anderson turned over the records to Kline's office last month after removing information that would identify individuals (Kaiser Daily Women's Health Policy Report, 11/2). The clinic's attorneys on Nov. 6 asked the state Supreme Court to appoint a special prosecutor to determine whether Kline gave information contained in the records to Bill O'Reilly of Fox News. O'Reilly on Nov. 3 on his show, "The O'Reilly Factor," said he had obtained information from a source that physician George Tiller, who owns Women's Health Care Services, had preformed late-term abortions on women because they were depressed (Kaiser Daily Women's Health Policy Report, 11/8). Kline and Anderson were named as parties in the motion filed by the clinics' attorneys, which also asks for the state Supreme Court to seize the records.