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The Honolulu Advertiser
Posted on: Monday, February 28, 2005

EDITORIAL
Medical records probe excessive and scary

It's no secret that Kansas Attorney General Phill Kline will do what it takes to enforce his state's ban on late-term abortions.

But demanding the complete medical files of roughly 90 women and girls who have had late-term abortions, under the guise of investigating child rape and other crimes against children, is disingenuous and, frankly, scary.

Medical records are private. Period.

Any attempt to gain access to records, particularly to those of females who have gone through the pain and trauma of a late-term abortion, is nothing short of harassment.

Even if the records yielded the identity of the fetus' father — which is unlikely — this is no way to prosecute statutory rape. This dragnet approach is more likely to keep pregnant teens away from seeking sound medical help.

Former U.S. Attorney General John Ashcroft, in response to a legal challenge to a ban on late-term abortion, thankfully failed to obtain the medical records of thousands of women who had received abortions.

Fortunately, there are judges who still believe in protecting a patient's right to privacy.

The courts must make it crystal-clear that Kline has no business poking his nose into private medical records.