Tiller's attorneys had asked that the court squash the subpoenas and disband the jury, primarily citing serious concerns about patients' privacy, and the power and reach of the Kansas grand jury system. The Center for Reproductive Rights of New York has filed a second petition with the court, also asking that the case be dismissed on behalf of the patients affected by the records subpoena, again citing patient privacy laws and expectations of medical privacy.
The spokeswoman for Kansas For Life, one of the groups behind the grand jury formation, has said that the ruling is extremely disappointing and that
there is no way to determine if the reasons for these late abortions were done within the narrow legal criteria without looking at the records themselves. His lawyers say they are worried about women's privacy. They are worried about protecting Dr. Tiller.
Those presiding over the grand jury have until February 11 to file their objections with the Kansas Supreme Court, who then plan on issuing a ruling by the end of February.