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Justice Dept. Demands Abortion Records
The New York Times ^ | 2/12/04 | Associated Press

Posted on 02/13/2004 1:33:27 PM PST by OfandFrom

February 12, 2004 Justice Dept. Demands Abortion Records By THE ASSOCIATED PRESS

Filed at 11:23 p.m. ET

NEW YORK (AP) -- Under fire from abortion-rights groups, Attorney General John Ashcroft insisted Thursday that doctor-patient privacy is not threatened by a government attempt to subpoena medical records in a lawsuit over the Partial-Birth Abortion Ban Act.

At stake are records documenting certain late-term abortions performed by doctors who have joined in a legal challenge of the disputed ban. President Bush signed the act into law last year.

Critics of the subpoenas accuse the Justice Department of trying to intimidate doctors and patients involved in the contested type of abortion.

At least six hospitals have been targeted by subpoenas, including facilities in New York and Michigan which said they are weighing how to respond. Last week, a federal judge in Chicago blocked release of records from Northwestern Memorial Hospital; another judge is considering a similar request from Hahnemann University Hospital in Philadelphia.

Ashcroft said the Justice Department will accept the records in edited form, after deleting or masking any information that would identify a patient. Abortion-rights supporters nonetheless depicted the subpoenas as a dangerous intrusion into medical confidentiality.

``People's medical records should not be the tools of political operatives,'' said Rep. Eliot Engel, D-N.Y. ``All Americans should have the right to visit their doctor and receive sound medical attention without the fear of Big Brother looking into those records.''

The federal ban seeks to outlaw a procedure referred to by critics as partial-birth abortion and by medical organizations as ``intact dilatation and extraction'' -- or D&X.

During D&X, a fetus's legs and torso are pulled from the uterus before its skull is punctured. An estimated 2,200 to 5,000 such abortions are performed annually in the United States, out of 1.3 million total abortions.

The doctors targeted by the subpoenas have contended in lawsuits that the ban is unconstitutional because it is overly broad and lacks any exemption for a woman's health.

Ashcroft, at a news conference in Washington, said the subpoenas were needed to enable the government to rebut these claims.

``The Congress has enacted a law with the president's signature that outlaws this terrible practice,'' Ashcroft said. ``We sought from the judge authority to get medical records to find out whether indeed the allegation by the plaintiffs, that it's medically necessary, is really a fact.''

In the Chicago case, the Justice Department sought medical records from Northwestern Memorial Hospital relating to abortions performed by Dr. John Hammond.

U.S. District Judge Charles Kocoras quashed the subpoena, saying Illinois' medical privacy law superseded the government's need for the records. Kocoras said patients' privacy could be jeopardized even if their names were deleted, because their prior medical history would still be disclosed.

At the University of Michigan Medical Center, spokeswoman Kallie Michels said no records have been turned over. She said the university is waiting to see a new court order requesting data that does not identify patients.

A subpoena also was issued to New York Presbyterian Hospital.

``We place a very high value on our patients' privacy and we are exploring our options in that context,'' said spokeswoman Myrna Manners.

Another New York hospital, St. Luke's-Roosevelt, also received a subpoena but told the Justice Department that none of the abortion procedures at issue had been performed there in the past couple of years.

Some of the abortion-rights groups engaged in the litigation -- including the American Civil Liberties Union and the Planned Parenthood Federation of America -- declined comment.

But the chairman of an allied organization, Wendy Chavkin of Physicians for Reproductive Health Choice, said the subpoenas were cause for grave concern.

``Not only is this Justice Department and this attorney general profoundly anti-abortion, but they have a questionable commitment to civil liberties,'' Chavkin said.

She said the subpoenas seemed to be a tactic of intimidation comparable to a subpoena issued recently in a federal grand jury probe ordering Drake University to turn over names of certain anti-war activists.

Dr. Joe DeCook, vice president of the anti-abortion American Association of Pro-Life Obstetricians and Gynecologists, said the government should be entitled to get medical records as it enforces federal laws.

``If there's a law, it should be followed,'' DeCook said. ``It can be enforced without embarrassing the woman by dragging her name out in public.''

Cook's organization contends that D&X is never medically necessary and supports the partial-birth abortion ban. The larger American College of Obstetricians and Gynecologists, as well as the American Medical Association, does not encourage use of D&X but says the procedure should not be banned.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: abortion; applypleaseto; ashcroft; bigbrother; doj; government; interference; justice; pbaban2003; privacy

1 posted on 02/13/2004 1:33:28 PM PST by OfandFrom
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To: OfandFrom
``All Americans should have the right to visit their doctor and receive sound medical attention without the fear of Big Brother looking into those records.''

If only that was true for us regular serfs. Everything is now reported to the government.

2 posted on 02/13/2004 1:44:17 PM PST by eno_ (Freedom Lite - it's almost worth defending)
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To: OfandFrom
The larger American College of Obstetricians and Gynecologists, as well as the American Medical Association, does not encourage use of D&X but says the procedure should not be banned.

(because the procedure is expensive, and pays for a lot of nice vacations for abortionists.)
3 posted on 02/13/2004 1:46:07 PM PST by adam_az (Be vewy vewy qwiet, I'm hunting weftists.)
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To: eno_
Justice will accept records scrubbed of any personally identifying material.

Such anonymized data is regularly used by doctors for study purposes, btw, and no one complains about that.

They just want to thwart Ashcroft from upholding the law which was passed by the Legislative branch.
4 posted on 02/13/2004 1:47:52 PM PST by adam_az (Be vewy vewy qwiet, I'm hunting weftists.)
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To: OfandFrom
"``People's medical records should not be the tools of political operatives,'' said Rep. Eliot Engel, D-N.Y. ``All Americans should have the right to visit their doctor and receive sound medical attention without the fear of Big Brother looking into those records.''"

Unless you're Rush Limbaugh.
5 posted on 02/13/2004 1:50:31 PM PST by AppauledAtAppeasementConservat (An educated fool, in the end, is still a fool.)
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To: OfandFrom
I don't care if they filed a motion in the courts,they are breaking the law.Their beliefs do not matter!There needs to be the wholesale closing down of abortion clinics and arrests.Its time to treat these doctors like the criminals they are.
6 posted on 02/13/2004 1:53:59 PM PST by INSENSITIVE GUY
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To: OfandFrom
Kocoras said patients' privacy could be jeopardized even if their names were deleted, because their prior medical history would still be disclosed.

Earth to Kocoras! How could someone's privacy be jeopardized if their name is not on the doccument. These pro-abortion activists claim that the procedure is needed to protect the health of the mother but provide no proof to back up their allegations. The Justice Department is wise in requesting these records because I am sure that in some cases this procedure is being done when not necessary.

7 posted on 02/13/2004 1:56:48 PM PST by fedupwithlibs
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To: AppauledAtAppeasementConservat
ZZZZIIIINNNNNGGGGG!!!!!!
8 posted on 02/13/2004 2:17:17 PM PST by Hardastarboard
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To: AppauledAtAppeasementConservat
Ashcroft is not a political operative, but a member of the US Government. Can you see this guy complaining about the Govt. getting into gun purchase records?
9 posted on 02/13/2004 2:17:54 PM PST by expatpat
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To: OfandFrom
Please include original titles.
10 posted on 02/13/2004 2:24:06 PM PST by Admin Moderator
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To: OfandFrom
bump
11 posted on 02/13/2004 2:31:56 PM PST by buffyt (Choice? Choice is when you pick Coke over Pepsi.)
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To: OfandFrom
What is outrageous about wanting records that would prove there are doctors that murder?
12 posted on 02/13/2004 2:49:26 PM PST by kuma
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To: expatpat
"Ashcroft is not a political operative,
but a member of the US Government."

LOL,
as though *those* two categories were mutually exclusive.
13 posted on 02/13/2004 3:00:22 PM PST by John Beresford Tipton
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To: OfandFrom
When will people cry and become angry over these atrocities? What will it take to break people out of their numb blindness?
14 posted on 02/13/2004 3:13:02 PM PST by Indie (There really were "the good old days.")
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To: OfandFrom
GREAT! The records need to come forth. I wrote my Representatives recently and asked them to demand that the numbers of abortions performed be reported. As it is now, nobody knows how many abortions are actually taking place. I think that the public would be appalled at the true abortion statistics. How old are the patients? How many abortions are done per month? How many partial-birth abortions are done? Those numbers would sicken people.
15 posted on 02/13/2004 3:43:30 PM PST by Jaysun (There is no rejection in life quite like a canceled shrink appointment.)
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To: eno_
If only that was true for us regular serfs. Everything is now reported to the government.

Bingo. Where were these guardians of medical privacy when HIPAA was being ramrodded down our throats?

16 posted on 02/13/2004 3:53:41 PM PST by Don Joe (I own my vote. It's for rent to the highest bidder, paid in adherence to the Constitution.)
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To: OfandFrom
I want the courts/legislatures to settle this
medical privacy bs, once and for all.
Everyone needs to know what the 'deal' is.
(everyone includes, talkshow celebrities, abortionists, etc)
Do courts just make up new crap for every
situation that crosses their desk?
How many kinds of 'different' situations, are their?
17 posted on 02/13/2004 8:14:07 PM PST by greasepaint
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