Quote:
Originally posted by Mmmm, Burger (C.J.)
So are you saying that because it's obvious that a person is no longer pregnant, that person has no privacy interests whatsover regarding medical treatment associated with that claim?
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No. I am saying that, given the more personal nature of an abortion, the toenail fungus analogy was not the greatest and that a better analogy would be treatment of an STD. However, even that analogy is not perfect since you can hide an STD and at the point a partial birth abortion would be used you cannot hide a pregnancy followed by no pregnancy.
That is all I was saying. I am very pro-medical privacy even for toenail fungus treatment. I just think that you can remove sufficient identifying information from the medical record and can maintain a person's privacy. It is done all the time in the medical literature without the patient's consent and without a court order. I know that fringey said that she could identify her friend X from the medical journal but my question to her was, but could you identify 'em from that article with the knowledge beforehand that the article was about 'em? Makes a difference.
You know, just because the DOJ gets the records doesn't mean that the information will be made public.