On January 30, 2008, the Center filed a motion with the Eighteenth Judicial District of the State of Kansas to stop a Wichita grand jury from subpoenaing the medical records of Dr. Tiller's patients. The Center argued that the subpoenas are a profound intrusion upon the patients' privacy. The district court denied the motion however, and ordered Dr. Tiller begin turning over the records. But the Center and Dr. Tiller's attorneys both filed a petition for a writ of mandamus with the Kansas Supreme Court, asking the panel to order the district court to stop enforcement of the subpoenas, and the court temporarily stopped the handover.
The Wichita grand jury convened after anti-choice organizations dusted off an 1887 law which allows citizens to launch grand jury investigations. The groups allege that Dr. Tiller violated a Kansas law prohibiting post-viability abortions unless a woman's life or health is in danger. The grand jury first met on January 8, 2008, and soon thereafter, subpoenaed the records of every patient who was twenty-two weeks pregnant or more and visited Dr. Tiller's clinic Women's Health Care Services from July 1, 2003 on.
In May 2008, the Kansas Supreme Court ruled that the grand jury could not embark on a fishing expedition into the patients' medical records. The court ordered the lower court, the Eighteenth Judicial District Court, to undertake a number of steps before determining what, if any, information can be disclosed to the grand jury.
In a victory for Dr. Tiller’s patients, on May 23, the district court reduced the number of patient records the grand jury can subpoena. The court also gave Dr. Tiller and an independent physician broad authority to redact all information from records that is not relevant to grand jury investigation, before Dr. Tiller hands records over to grand jury.
While the Center’s case may have foiled the anti-choice movement's latest efforts to harass longtime provider Dr. George Tiller, their campaign has hardly subsided. The the anti-choice forces have been targeting Dr. Tiller for decades and for now, at least the grand jury investigation against him continues.
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In Recent News
May 23, 2008-- The Eighteenth Judicial District Court reduces number of patient records the grand jury can subpoena. The court also gives Dr. Tiller and an independent physician broad authority to redact all information from records that is not relevant to grand jury investigation, before Dr. Tiller hands records over to grand jury.
Click here to read the judge's order > >
Kansas District Court Holds Hearing on Subpoenas for Private Medical Records
May 8, 2008-- Today a Kansas district court held a hearing on the grand jury investigation of abortion provider Dr. George Tiller. Two days ago, the Kansas Supreme Court ordered the district court to undertake a number of steps to determine whether the grand jury’s subpoenas for medical records of Dr. Tiller’s patients are warranted. The district court did not issue a ruling today, but several other developments occurred.
Click here to read more about the hearing > >
Kansas Supreme Court Affirms Patients' Privacy Rights
May 6, 2008 -- Today, the Kansas Supreme Court ruled that a grand jury investigating abortion provider Dr. George Tiller cannot embark on a fishing expedition into his patients' medical records. The Center, which is representing women whose records were subpoenaed by the grand jury, issued a statement hailing the decision.
To read the full statement, please click here. > >
Center Argues Before Kansas Supreme Court to Stop Grand Jury from Obtaining Patient Medical Records in Abortion Case
April 8, 2008 -- Today, the Center for Reproductive Rights argued before the Kansas Supreme Court to stop a citizen-petitioned grand jury from obtaining the medical records of approximately 2,000 women who sought services from Kansas abortion provider Dr. George Tiller. The Center argued that the subpoenas are a profound intrusion on the patients' privacy, and their ability to make reproductive health care decisions without unwarranted or unconstitutional interference.
Click here to read our press release > >
Click here to read our brief > >
Click here to listen to our Kansas case featured on NPR's "Morning Edition" > >
In re Grand Jury Investigation In-depth
Backgrounder on the case > >
Patients' Stories > >
Ms. Magazine article > >
