On Tuesday, the Kansas Supreme Court sided with life advocates for the second time in a week.
The court granted a grand jury access to abortion records in its investigation of notorious abortionist George Tiller, who is accused of performing illegal late-term abortions. Kansas is one of six states that allows residents to petition to form grand juries, and the court ruled the practice was constitutional.
"We agree with the court’s decision to allow the grand jury to issue subpoenas so that it can do its job," said Joel Oster, senior legal counsel for the Alliance Defense Fund.
Jenn Giroux, founder and national executive director of Women Influencing the Nation, said, "The ruling looks good, but there are concerns."
Primarily, the court ruled that the judge can choose a lawyer and doctor to oversee redaction of patient information on the abortion records sought by the grand jury.
Not only could this process outlast the grand jury, whose term is up in about a month, but, Giroux said, it's unprecedented.
"In this country, we are moving to a place where we have law, and then we have abortion law," she said. "Medical records are requested all the time, and there should be no special restrictions for abortion records."
Last week, the court ruled in a separate case, involving Planned Parenthood's Kansas City clinic. Johnson County District Attorney Phill Kline has charged Planned Parenthood with 107 criminal counts in district court, including 23 felonies.
The court ruled that Kline has proper legal clearance to be in possession of abortion records as he conducts his investigation. A letter from former Attorney General Paul Morrison that would have cleared Planned Parenthood of any wrongdoing was rejected by the court.
That case is back in court June 12.
