The Kansas Supreme Court on Thursday declined a request by two abortion clinics in the state to seize from state Attorney General Phill Kline (R) the medical records of 90 women and girls who underwent late-term abortions and appoint a special prosecutor to investigate whether Kline released the records to Bill O'Reilly of Fox News, the AP/Kansas City Star reports (Hanna, AP/Kansas City Star, 11/30). Kline in 2004 subpoenaed the records of the women and girls who in 2003 received late-term abortions at 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., saying 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, and the court in February ruled that Kline can seek access to the records but that he must return to Shawnee County, Kan., District Court Judge Richard Anderson and present his reasons for seeking the subpoenas. Anderson turned over the records to Kline's office last month after removing information that would identify individuals. O'Reilly on Nov. 3 on his show, "The O'Reilly Factor," said he had obtained information from a source that physician George Tiller, who owns Women's Health Care Services, had performed late-term abortions on women because they were depressed (Kaiser Daily Women's Health Policy Report, 11/30).

Ruling, Reaction
According to the AP/Star, the court gave no reason for its ruling in a one-sentence order signed by Chief Justice Kay McFarland. "There could be various reasons the court decided not to hear the case at this point," Peter Brownlie, president and CEO of PPKM, said, adding, "We will be continuing our efforts to protect patients' privacy and their rights." Kline and Fox News both said they were happy with the ruling. "These motions were without legal basis and the decision is appropriate," Kline said (AP/Kansas City Star, 11/30).

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