Archive for Friday, February 3, 2006

Supreme Court tells judge to reconsider abortion clinic probe

February 3, 2006


— The Kansas Supreme Court today ordered a lower court judge to reconsider whether to allow the continuation of an investigation by Atty. Gen. Phill Kline into two abortion clinics.

In the unanimous decision, the court said if State District Court Judge Richard Anderson decides the inquisition should continue, he must impose safeguards on subpoeanas for medical records that Kline has wanted.

Justice Carol Beier said the subpoeanas for records must be tightly restricted to protect the privacy rights of women.

At stake, Beier said was the right of a woman to get an abortion, the right to obtain confidential health care, and the right to maintain privacy over certain information.

"Only if Judge Anderson is satisfied that the attorney general is on firm legal ground should he permit the inquisition to continue and some version of subpoenas to remain in effect," the court decided.

The dispute is between Kline and clinics operated by Dr. George Tiller in Wichita and Planned Parenthood of Kansas and Mid-Missouri in Overland Park. The case involves the records of 90 women and girls.

Kline has said he believes the 90 records contain evidence of multiple felonies and misdemeanors by the clinics and would help him build cases against sex offenders. The clinics have accused Kline of conducting a fishing expedition.


Jamesaust 12 years, 3 months ago

A temporary punt by the SC back to the lower court. But not all that good for Kline. One sentence of the opinion will give the flavor of the unanimous court:

" At oral argument before this court, Kline's lawyer, a former four-term attorney general, wisely altered the tone of Kline's response."

Ironically, the Court accuses Kline of doing what the federal courts have done (in the opposite direction) on the subject of abortion - refusing to weigh any competing interests and assign virtually absolute priority to one.

DuQuesne 12 years, 3 months ago

All women must claim, and be acknowledged as having, absolute autonomy over their own reproductive capacity. Health care providers must honor their decisions and protect their privacy. Attorneys General with uteruses may be allowed to comment.

-Schuyler DuQuesne

yourworstnightmare 12 years, 3 months ago

Phill Kline is a crusader, and he is using the position of AG to advance his religious/political agenda rather than uphold the laws of the state of Kansas.

He is an activist AG who is legislating from the bar, as it were.

Like may of his right-wing liberal brethern, he is pushing the system to see how far he can take it to advance his religious/political agenda.

Bobo Fleming 12 years, 3 months ago

How would you feel if a 13 year old girl was taken to a clinic for an abortion by her aunt. The aunt told the clinic that the girls was 13. The father of the baby was the girls dad. After the abortion the girl continued to be abused for two more years and the crime was only discovered after the father attempted to molest a friend of the girl at a sleep over. Should the clinic have been required to report the crime of rape and incest in the first place? If they had two more years of abuse and the attempted molestation of another girl would have been avoided. So the "privacy" rights of the 13 year old were protected so her father could continue to abuse.

Jamesaust 12 years, 3 months ago

Please! Morrison is not "closely aligned" with an agenda to discredit the death penalty.

Morrison is on the record supporting the death penalty. As DA, he has sought death when appropriate. He provided advice to legislators when they wrote the statute.

Given that Morrison will catch all Democrat votes (about 25% of the total) and the majority of independents (another 20%), it won't take many Republicans peeled off to bring victory. Given that Kline won by barely 4,000 votes against a no name, no campaign Democrat last time, his constant public spankings by the courts, and his employment of a felon as a top aide (not to mention a close relative for no apparent meritorious purpose), it should be possible, even if not probable, that Morrison to catch as many as half of Republicans.

As far as George Soros (a billionare bozo) and Morrison, I count about 4 degrees of separation between them. That would be 3 less than between W and Bob Jones University, a notorious racist and anti-Catholic organization. Now, I don't believe that W is a racist, or anti-Catholic, but that's only because I don't subscribe to Arminius' guilt-by-vaguely-distant-association theory.

BTW - Fred Phelps was a student at Bob Jones for two semesters until he was reportedly (by the Topeka C-J) expelled for mental instability. You just couldn't make up stuff about Phelps that is more bizarre than reality.

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