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Tuesday, March 09, 2004

Justice Dept. Backs Off Its Demand for Abortion Records
By ERIC LICHTBLAU
NY Times
Published: March 10, 2004

WASHINGTON, March 9 — The Justice Department is dropping its demand, at least for now, that six Planned Parenthood clinics around the country produce medical records on abortions, officials said Tuesday.

The decision, applauded by privacy advocates and supporters of abortion rights, came in response to a decision on Friday by a federal judge in San Francisco, who found that the government's demand for the records was an undue intrusion on patients' rights.

In her decision, Judge Phyllis J. Hamilton of United States District Court threw out the government's demand for the Planned Parenthood records of some 2,700 patients. Judge Hamilton also said she "strongly encouraged the government" to withdraw the subpoenas it had issued to Planned Parenthood for related medical records.

In letters dated Monday, the Justice Department did just that and notified Planned Parenthood affiliates in New York, Pittsburgh, Washington, Los Angeles, San Diego and Kansas City, Mo., that "we will not move at this time" to pursue the subpoenaed records. But the department said it might still "renew our requests if necessary."

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