Kansas AG Kline says request for late-term abortion records motivated by protecting children; opponent says it violated medical privacy

Sep 1 2006

Kansas Attorney General Phill Kline (R), who is running for re-election in November, on Friday said he not was trying to further a political agenda but to protect children when he sought access to the medical records of 90 women and girls who in 2003 underwent late-term abortions at two clinics, the Dodge City Daily Globe reports (Swanson, Dodge City Daily Globe, 8/30).

Kline in 2004 subpoenaed the records from the two clinics -- 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. -- because he believes there is probable cause that each record contains evidence of 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.

The Kansas Supreme Court in February ruled that Kline can seek access to the records but that he must return to Shawnee County, Kan., District Court and present his reasons for seeking the subpoenas and any information not related to potential violations of state laws on late-term abortions or child abuse must be eliminated from the records (Kaiser Daily Women's Health Policy Report, 2/6).

Opponent Says Kline's Request Invaded Medical Privacy

Johnson County District Attorney Paul Morrison (D), who is running against Kline for state attorney general, has said Kline's request was an invasion of medical privacy, the Topeka Capital-Journal reports (Moon, Topeka Capital-Journal, 8/30).

"It is disingenuous for Mr. Kline to try to justify his serious violation of privacy by claiming to investigate child rape because three-quarters of the records belong to adult women," Morrison said in an e-mail. Kline said, "When I have a 10-year-old who gets pregnant and gets a late-term abortion and was impregnated at the age of nine, and no one calls the police, I don't consider it a narrow agenda to try and bring her rapist to justice" (Dodge City Daily Globe, 8/30).

Endorsements

In related news, U.S. Sen. Sam Brownback (R-Kan.) on Tuesday endorsed Kline, saying that both Kline and Morrison "subpoena medical records regularly" (Lefler, Wichita Eagle, 8/30).

Missouri Attorney General Jay Nixon (D) endorsed Morrison, saying in a Kansas Democratic Party release that the job of state attorney general is "about keeping Kansans safe.

It is not a pulpit for personal agendas" (Topeka Capital-Journal, 8/30).