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Kansas Supreme Court Halts Release of Abortion Records

Posted Feb 6, 2008, 07:37 am CDT
By Debra Cassens Weiss

The Kansas Supreme Court is barring release of records of abortion patients until it considers a motion to quash grand-jury subpoeanas for the documents.

A grand jury has subpoenaed medical files of about 2,000 women as it investigates whether a late-term abortion provider has broken state laws regulating the procedure, the Associated Press reports. Abortion opponents forced the grand jury probe by obtaining petition signatures.

Chief Justice Kay McFarland said in the order (PDF) released yesterday that lawyers for the abortion provider had raised significant issues about patient privacy, a grand jury's authority to issue subpoenas, and the scope of a judge’s role in grand jury proceedings.

The county's chief judge and the retired judge presiding over the grand jury have until Feb. 25 to file a response.

A separate grand jury has also subpoenaed records of 16 women in a different investigation of a Planned Parenthood clinic in Overland Park, the Kansas City Star reports. Lawyers in that case have also filed a motion to quash and expect a Feb. 15 court hearing in the county court to go forward.

A hat tip to How Appealing, which posted the news.

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