Kansas AG Kline's Request For Late-Term Abortion Records "Key Issue" In State Attorney General Race

Kansas Attorney General Phill Kline's (R) request for the medical records of 90 women and girls who in 2003 underwent late-term abortions at two clinics and the lack of resulting prosecutions have become "key issue[s]" in the November election, the AP/Kansas City Star reports (Hanna, AP/Kansas City Star, 9/28). 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 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. 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, 8/31). According to attorneys for the two clinics, Kline has not received the requested medical records.

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Kline on Thursday said, "There are prosecutions resulting from information that has been obtained" from the medical records, adding that cases have been referred to six Kansas counties and to prosecutors in Illinois, Missouri and New York. Pedro Irigonegaray, an attorney representing one of the clinics, said, "I am disturbed that Mr. Kline continues to make suggestions and allegations about record he has never seen. ... I find it abhorrent that anyone would consider using those records for their political benefit." According to the AP/Star, Kline on Thursday said that a recently filed case in Marshall County, Kan., is an example of a prosecution that resulted from his investigation of the medical records. Kline would not say how he obtained the documents, the AP/Star reports. Mark Simpson, campaign manager for Johnson County District Attorney Paul Morrison (D), who is running against Kline for state attorney general, said, "Phill Kline knows that these cases have nothing to do with the inquisition into the private medical records of 90 Kansans," adding, "It is disingenuous to try to distract Kansans from his serious invasion of privacy by referring to unrelated cases." Morrison has said that Kline's request to obtain the records was an invasion of medical privacy and that he would drop the order if elected (AP/Kansas City Star, 9/28).

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