Topeka ? The Kansas Supreme Court on Friday blocked the start of a grand jury investigation into Wichita abortion provider Dr. George Tiller.

In an order signed by Chief Justice Kay McFarland, the court said it would consider Tiller’s assertions that the proposed grand jury probe was illegal.

Anti-abortion groups criticized the court action, but Tiller’s attorneys praised it.

Referring to the court, Operation Rescue president Troy Newman said, “They have also become enablers to Tiller’s illegal abortion ring that continues to take the lives of viable babies in a manner that we believe is contrary to Kansas law.”

The anti-abortion groups accuse Tiller of performing illegal late-term abortions. Tiller has denied any wrongdoing.

Anti-abortion groups forced the seating of a grand jury through a petition drive in Sedgwick County to investigate Tiller and his Wichita clinic. The grand jury was scheduled to convene Tuesday.

But the state Supreme Court order stops the grand jury proceeding until the court can consider issues raised by Tiller.

Tiller’s attorney, Lee Thompson, filed a petition last week seeking a court order to block the grand jury probe, saying the proceeding was illegal.

“This investigation is being propelled by private interests groups who have used the Kansas grand jury statutes as a means of publicizing their political agenda and raising money,” said Thompson in his legal brief.

The grand jury action was prompted by “illegal conduct involving unlawful distribution and review of private medical records,” Thompson argued. This alleged violation, Thompson maintained, also imposed an infringement on the right of women to an abortion.

The private medical records included those subpoenaed in an earlier investigation into Tiller’s clinic by former Attorney General Phill Kline, Thompson alleges. That case was later dismissed.

But Mary Kay Culp, executive director of Kansans for Life, said abortion opponents sought a grand jury because of Tiller’s influence in state politics.

“Kansans for Life is certain we have worked well within the statutory framework of the Kansas grand jury procedure – an important check and balance that ensures that powerful men like George Tiller cannot buy immunity from investigation,” she said.

On Friday, the court told sides in the case to submit legal briefs by Nov. 16.