BlogWood: MT Archives

MiniLove Ashcroft Update

Last week:

In what may be the first subpoena of its kind in decades, a federal judge has ordered a university to turn over records about a gathering of anti-war activists.

In addition to the subpoena of Drake University, subpoenas were served this past week on four of the activists who attended a Nov. 15 forum at the school, ordering them to appear before a grand jury Tuesday, the protesters said.

Federal prosecutors refuse to comment on the subpoenas.

This week:

The Justice Department is demanding that at least six hospitals in New York City, Philadelphia and elsewhere turn over hundreds of patient medical records on certain abortions performed there.

Lawyers for the department say they need the records to defend a new law that prohibits what opponents call partial-birth abortions. A group of doctors at hospitals nationwide have challenged the law, enacted last November, arguing that it bars them from performing medically needed abortions.

The department wants to examine the medical histories for what could amount to dozens of the doctors' patients in the last three years to determine, in part, whether the procedure, known medically as intact dilation and extraction, was in fact medically necessary, government lawyers said.

But hospital administrators are balking because they say the highly unusual demand would violate the privacy rights of their patients, and the standoff has resulted in clashing interpretations from federal judges in recent days about whether the Justice Department has a right to see the files.

A federal judge in Manhattan last week allowed the subpoenas to go forward and threatened to impose penalties, and perhaps even lift a temporary ban he had imposed on the government's new abortion restrictions, if the records were not turned over.

But, also last week, the chief federal judge in Chicago threw out the subpoena against the Northwestern University Medical Center because he said it was a "significant intrusion" on the patients' privacy.

A woman's relationship with her doctor and her decision on whether to get an abortion "are issues indisputably of the most sensitive stripe," and they should remain confidential "without the fear of public disclosure," the judge, Charles P. Kocoras, wrote in a decision first reported by Crain's business journal in Chicago.

The Justice Department is considering an appeal.

The department's demands for the records are still pending against Columbia Presbyterian Medical Center, Weill Cornell Medical Center and St. Luke's-Roosevelt Hospital Center, all in New York City; the University of Michigan medical center in Ann Arbor; and Hahnemann University Hospital in Philadelphia. At least one undisclosed hospital also appears to have been served with a subpoena, officials said.

1984:

Scattered about London there were just three other buildings of similar appearance and size. So completely did they dwarf the surrounding architecture that from the roof of Victory Mansions you could see all four of them simultaneously. They were the homes of the four Ministries between which the entire apparatus of government was divided. The Ministry of Truth, which concerned itself with news, entertainment, education, and the fine arts. The Ministry of Peace, which concerned itself with war. The Ministry of Love, which maintained law and order. And the Ministry of Plenty, which was responsible for economic affairs. Their names, in Newspeak: Minitrue, Minipax, Miniluv, and Miniplenty.

The Ministry of Love was the really frightening one. There were no windows in it at all. Winston had never been inside the Ministry of Love, nor within half a kilometre of it. It was a place impossible to enter except on official business, and then only by penetrating through a maze of barbed-wire entanglements, steel doors, and hidden machine-gun nests.