MEDICAL PRIVACY: Abortion politics has Ashcroft trampling more rights (Detroit Free Press Editorial)
The staunch anti-abortion position of the Bush administration, including Attorney General John Ashcroft, is well established. But attempts by Ashcroft’s Department of Justice to subpoena medical records involving a controversial abortion procedure reveal an even more frightening ideology.
This administration, it seems, doesn’t believe that matters between doctors and patients can be kept confidential.
Your government’s attorneys are trying to make the case that nothing — from common law to the Constitution — protects the privacy of medical records. It will be up to the nation’s judges to uphold this long and well-accepted practice, which actually is written into law in some places. A federal district judge in Chicago has already done so, saying that the medical privacy laws of Illinois protect such records. A New York judge sees it differently. A Philadelphia jurist is still weighing the case.
Ashcroft says the government needs medical records to defend the late-term abortion ban passed by Congress last fall. Doctors who have blocked the ban say it is rarely used and only when medically necessary. Ashcroft intends to disprove their claim by reviewing their records.
But the files he seeks, including some from the University of Michigan Health Systems, go back three years, predating the ban. Those abortions were legal; neither the doctors who performed them nor the women who underwent them broke any law. Even if they had, the government should have to prove a compelling reason to trump the patients’ privacy rights; since they had not, there is no just cause.
Perhaps it shouldn’t be a shock that an administration that doesn’t recognize a woman’s dominion over her own body doesn’t respect the sanctity of the doctor-patient relationship. But this effort could have a chilling effect on what patients are willing to tell their doctors and hamper medical research. It’s government overreach for political ends. If Ashcroft won’t stop it, the courts ought to make him.