The Shame of Kansas

O'Reilly Factor, March 1, 2005

Summary from the Factor Archive for Feb 25, 2005:

Talking Points Memo & Top Story:  Abortion, privacy rights & rape
Guests: Fox News senior judicial analyst Judge Andrew Napolitano & Mary Alice Carr, Director of Advocacy, NARAL

"A doctor in Kansas named George Tiller performs hundreds of late-term abortions every year--pregnant women from all over the country go to Kansas to have this ultra-controversial operation performed by Tiller, one of the few American doctors comfortable with partial-birth abortion. Under Kansas law, it is illegal to perform an abortion after 22 weeks, but there are exceptions for the health of the mother. Now, Kansas Attorney General Phil Kline wants to see the medical records of the women who submit to late-term abortions to check on the legality of the operations. Predictably, some pro-choice groups are fighting Kline's request, citing privacy rights. Talking Points realizes there are two sides to this story, but also knows that Dr. Tiller could be running a late-term abortion mill in violation of the law. I think the court must allow Kline to investigate these matters under the strictest supervision--privacy will be protected, but if someone is killing a baby that somebody will pay a huge price. Americans simply can not allow privacy to trump human life, and the courts must make a strong stand."

From the Factor Archive for Mar 1, 2005:

As reported previously on The Factor, Dr. George Tiller performs hundreds of late term and partial birth abortions, which are banned in Kansas unless the mother's health is in danger. Kansas Attorney General Phill Kline wants to examine Tiller's records to determine if he has been breaking that law or been performing abortions on underage girls. "Dr. Tiller performs more late term abortions than virtually any doctor in the United States," Kline told The Factor. "The doctor has earned a lot of money and has earned world wide renown for this procedure. If I find evidence of unlawful late-term abortions, I will prosecute." Pro-choice groups accuse Kline of violating privacy, which he disputes. "We do not need to know the women's names. The documents would be provided to the court under seal, and would not be released to the public. In every other crime case medical records are used. It's only the abortion clinics who say they can rise above the law."

Factor Follow-Up (March 1, 2005):   "Women come from all over to abort babies after the 22nd week of pregnancy, when viability is a strong possibility."  Tiller's web site

"Now according to Kansas authorities Tiller performed almost 500 such operations in 2003 -- the latest stats available. "

"Kansas law outlaws late-term abortions unless the mother's health would be damaged FOREVER!  But with medical confidentiality, the conditions of women having partial-birth abortions are almost impossible to obtain."

"In Dr. Tiller's case, he has reportedly refused to provide authorities with information about the women he's operated on, BUT his web site up until last week, informed those very women, that with their consent, their names could be used for fundraising BY HIM. "   [See KS  Meadowlark's:  The paragraph deleted today, Feb. 25, 2005]

"The State of Kansas is now seeking the medical records of nearly 90 women, mostly underage girls who have had late-term abortions, and the fight is nasty."

"Joining us now is ... Kansas Attorney General Phill Kline."

O'Reilly: "I want to walk through this step by step because the New York Times and the L.A. Times have both demonized you...The women's' groups are basically saying that you're a fascist ...  

"Now, let's take Tiller first.  Because this guy is amazing -- I didn't even know about this guy.  He performs probably more partial-birth abortions than any other doctor in the U.S. A.  Correct?"

Kline:  "Well, Dr. Tiller performs more late-term abortions than virtually any doctor in the United States.  People from all over the world come to Kansas to obtain late term abortions -- the nature of the procedure is a little bit different.

O'Reilly:  "He charges $5000 per operation?  Correct?"

Kline:  "Roughly, that's what we understand."

O'Reilly: "He's a millionaire? He's been doing this since 1973."

Kline:  "The doctors earned a lot of money performing late-term abortions and has a world-wide renown for that particular procedure."

O'Reilly:  "... are you picking on this guy?"

Kline:  "Not at all, Bill.  All I'm doing is enforcing the law.  Under Roe vs. Wade ... it is the law of the nation ...a women has a right to obtain an abortion without explanation and reason up to the moment the child is capable of living away form the mother -- or viability.  At that point in time the Supreme Court says  States can restrict abortion.  You clearly articulated what Kansas Law is:  A late-term abortion can only be obtained if there is substantial likelihood of severe and irreversible damage to a major bodily function of the mother... You have to have a reason to perform an abortion on a child that is capable of feeling pain, is aware of its surroundings, and can live away from the mother at the time that its life ..."

O'Reilly:  "Presumably after 24 weeks  ... that is, with technology we have today ...that is very, every possible."

...

Kline: " ... It is a judge that has issued this subpoena, not myself.   He's found probably cause of evidence of a crime  ..."

O'Reilly:  "Is the judge solely focusing on the underage girls?  With the rape possibility? ...Is that what the judge is focusing on?"

Kline:  "I can't speak to the specifics of the investigation.  ... I do know what the judge is looking for...The judge has also setup a procedure where the documents are provided to him.  .... I can just tell you what is known in the public record:  78 children in Kansas, ages 14 and younger, had abortions in 2003, alone.  And, Kansas Law provides that when a 10 or 11 year old child is pregnant, they have been raped."

O'Reilly:   "But, at Tiller's clinic some of kids got their abortion ... so you want to see that.  Here's my question, Mr. Attorney General.  If you've got a guy running an abortion mill ... and you can't find out ... if the women have a condition that puts their health in jeopardy, you can't find that out?  ... Because of medical confidentiality?  Then, there really isn't a law.  Then any doctor can kill any baby at any time, because you can't find it out. "

Kline:  "...in virtually every homicide, rape case, or violent crime ... medical records are used.  ... [As a legislator] I wrote the Kansas rape shield law ... it protects the privacy of the woman.  We never reveal that information in the public.  It's only the abortion clinics who say they can rise above the law, defy a subpoena issued by a district court judge, and make the argument the child's privacy is so paramount that we must continue to allow that child to be raped in private.  That's wrong."

...

Kline:  "...there are two things that child predators want:  access to children, and secrecy ...."

O'Reilly:  "We're hoping you get a dual track:  We want to protect the young girls, who have been raped and had to get an abortion -- we all understand that -- and we also want you to protect the babies" that are viable.  

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