Berkley joins critics of subpoenas for abortion records

Suzanne Struglinski

Tuesday, Feb. 17, 2004 | 11:26 a.m.

WASHINGTON -- Rep. Shelley Berkley, D-Nev., joined 35 other Democrats in opposing the Justice Department's attempts to get medical records of doctors who have performed abortions.

The department has subpoenaed the medical records of doctors who have performed abortions in several states during the passed two years. The subpoenas are part of the department's response to a lawsuit challenging the partial birth abortion ban passed last year.

Critics of the law signed by President Bush say it is too broad and allows no exemptions when the mother's life is at stake. They sued challenging the law's constitutionality.

In the lawsuit, some doctors cited cases they had handled in which, they said, partial birth abortions were necessary to safeguard the health of some women. That prompted the Justice Department to ask for the medical records so that it could challenge whether the doctors' assertions were true.

The lawmakers sent a letter to Attorney General John Ashcroft saying they are "appalled" by the department's efforts to obtain the medical records, citing the threat doctor-patient confidentiality.

"We find the nature of this zealous and unwarranted intrusion into the most private aspects of women's medical histories, and the challenge to the medical privacy of all Americans, an unconscionable affront to longstanding public policy protecting the privacy of persona medical records," the Democrats wrote.

They wanted the government to end the "dangerous fishing expedition."

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