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Kansas Liberty: 05 December 2008
High court denies Planned Parenthood's request for return of ‘each and every copy’ of records.
Despite opinion's scathing language, DA Kline can keep copies of abortion records
Based on the scathing language directed toward Johnson County District Attorney Phill Kline in an opinion issued by the Kansas Supreme Court this morning, it might seem easy to conclude that Kline not only suffered a legal defeat, but that he disgraced the offices in which he served during an investigation of Planned Parenthood.
But, cutting through the criticism and innuendo contained in the majority opinion, written by Justice Carol A. Beier, it appears the ruling actually favored Kline on the law.
Planned Parenthood and the Attorney General’s Office had argued that Kline took KDHE abortion records – considered key evidence in his case against Planned Parenthood – from the Attorney General’s Office when he became Johnson County District Attorney.
That argument, according to the opinion of Sebelius-appointee Beier, “is not persuasive.”
Further, the relief sought by Planned Parenthood – a return of all abortion records that Kline collected during the investigation – was clearly denied in the opinion.
Beier wrote: “The above analysis leads us to the conclusion that [Planned Parenthood] and the Attorney General are not entitled to the primary relief they seek. We will not force Kline to disgorge ‘each and every copy’ of the patient records Kline and his subordinates have made ‘and any and all other evidence Kline developed and obtained while he was acting as Attorney General that he took with him to Johnson County’."
The harsh, personal language of the ruling apparently led some news media to report the decision as a set-back for Kline, stressing the "sanctions" mentioned in the decision, which require Kline to make sure the Attorney General's office has been given a complete set of the records in question by Dec. 12.
Kline is not publicly addressing the opinion yet, but he has scheduled a press conference at 3 p.m. today.
This is the first report on Friday's decision. For a later report, click here.
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I find this to be cause for centure of Justice Beier.