First, none of the kids whose records he wants has reported being sexually abused. Second, not all of the records involve abortions performed on minors.

Kline explains the attempt to review records of abortions on adult women by shifting the focus of his inquiry: he wants to review those records to determine whether doctors are performing late-term abortions that state law prohibits. But Kline has no reason to believe that any abortion violated the law. His desire to see the records is nothing but a fishing expedition undertaken with the hope that he'll find evidence that will allow him to hook an abortion provider.

Kline's problem: the heart of the Fourth Amendment is its prohibition against general warrants. The police can't poke into private information with nothing more than a hope that they might find evidence of wrongdoing. That's why the Constitution requires probable cause to justify a search, and Kline clearly lacks probable cause to believe that any of the 90-plus abortions were illegal.

But that doesn't trouble Kline. Motivated by ideology rather than a respect for the law, Kline thinks that any patient's health care records are fair game. If he wins this battle, others will be encouraged to follow suit. Who knows? Your private medical records may be the next to be caught up in the fisherman's net.