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Kansas Supreme Court Temporarily Quashes Subpoenas In Abortion Probe

By Howard Friedman

In Wichita, Kansas, an unusual voter-initiated grand jury is investigating whether abortion provider George Tiller violated Kansas law by performing late-term abortions. (See prior posting.) Yesterday, the Kansas Supreme court issued a temporary order (full text) quashing subpoenas for medical records of 2000 women who have sought late-term abortions at the Women's Health Care Services clinic. The court said that petitioners have raised significant isssues of patient privacy, as well as issues of a judge's role in grand jury proceedings and a grand jury's authority to issue subpoenas. Today's Wichita Eagle reports that while the subpoenaed records were to have the women's names removed from them, Tiller's lawyers argued that this does not assure patient privacy. Apparently in an earlier investigation, former state Attorney General Phil Kline was able to cross-reference information in redacted medical files with a guest roster at a motel near the Tiller's clinic to find patients' names.

Full post as published by Religion Clause on February 06, 2008 (boomark / email).