By The Kansas City Star, Mo.

Dec. 27--In cautiously allowing Phill Kline access to patient records at abortion clinics, the Kansas Supreme Court last February warned the attorney general not to abuse his authority.

Kline appears to have done exactly that.

Last week he charged a Wichita abortion provider with 30 misdemeanor crimes.

Half the counts allege that George Tiller illegally performed late-term abortions by accepting diagnoses that the pregnancies placed patients' mental health at risk.

The Supreme Court dealt with that very issue in its February ruling.

"The attorney general has said he disagrees with requiring an exception to preserve the pregnant woman's mental health," the court said. "Until the United State Supreme Court or the federal Constitution says otherwise, however, the mental health of the pregnant woman remains a consideration necessary to ensure the constitutionality of the Kansas criminal abortion statute."

Kline seems to have recklessly ignored that caveat.

His remaining 15 counts involve technical complaints that should be handled administratively, not in criminal court.

Kline insisted during his failed re-election campaign last fall that his investigation was aimed at ferreting out child molesters. But none of the charges allege that Tiller's clinic has failed to report possible sexual abuse of young girls.

Kline also promised his investigation would protect the privacy of patients. But to argue his case would likely require extensive information about individual patients.

A Sedgwick County judge threw out the charges after the county district attorney said Kline hadn't notified her about the case, as required by law. Kline is contesting that, and a hearing is scheduled for today.

Kline's investigation of abortion clinics has always had the appearance of a fishing expedition.

The recent charges against Tiller, in apparent defiance of the Kansas Supreme Court's warning, add to that impression.

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Copyright (c) 2006, The Kansas City Star, Mo.

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