The Kansas Supreme Court on Friday unsealed a lawsuit filed against Johnson County District Attorney Phill Kline by Planned Parenthood.

The suit seeks the return of records that Kline considers crucial evidence in a criminal case against the abortion provider. The records do not contain any information that would allow an abortion recipient to be identified.

The decision means the criminal case against Planned Parenthood will continue June 12.

As the unsealed documents reveal, Kline obtained the records when he was serving as attorney general. He sought and won approval from Shawnee County District Court Judge Richard Anderson, who oversaw the case when Kline was attorney general, to have the records transferred to the Johnson County district attorney’s office. The judge approved the transfer knowing that Kline had been appointed to serve as Johnson County district attorney.

In a statement, an attorney representing Kline in the case, Caleb Stegall, praised the ruling and said it demonstrated that Kline had appropriately received and handled the records.

“The report couldn’t be more clear. Planned Parenthood’s claims that Phill Kline has no authority to possess the records are false and entirely unsubstantiated,” Stegall said.

Stegall added that the unsealed records revealed that then-Attorney General Paul Morrison had attempted to “undermine” a criminal investigation by using the power of his office to seek the return of records by Kline to Planned Parenthood.

Planned Parenthood filed the lawsuit in June 2007. The abortion provider cited a letter from Morrison to a Planned Parenthood attorney indicating that an investigation by Morrison's office “found no evidence of any criminal wrongdoing” by Planned Parenthood. The attorney general’s office also filed a suit against Kline, after Judge remove Anderson denied a request that the records be returned by Kline.

Operation Rescue, a pro-life organization, applauded the Supreme Court action as a “huge victory for the rule of law.”

Randy Newman, Operation Rescue president, said in unsealing the lawsuit, the Supreme Court had in effect rejected the Morrison letter that exonerated Planned Parenthood.

Newman also criticized the implication by Planned Parenthood and by the attorney general’s office that allowing the records to be used in a criminal proceeding might jeopardize the privacy of abortion recipients.

"The mantra from the AG's office has always been that the records must be returned in order to protect patient privacy, but that couldn't be further from the truth,” Newman said.

“All patient-identifying information was redacted long ago," he said. "One has to wonder about the integrity of the attorney general's office that continues to promulgate such untrue statements. In the interest of justice, Kline's evidence must be allowed to be seen in a court of law at the time of trial and let a judge and jury decide. That's the American way."

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