Comprehensive Health of Planned Parenthood v. Kline

I concur in the result and agree with the majority opinion that the issue before us is District Attorney Phill Kline’s handling of the records since our decision in Alpha Med. Clinic v. Anderson, 280 Kan. 903, 128 P.3d 364 (2006). Our concern in this case has been and is the “constitutional privacy rights that Kline’s behavior threatens.” 287 Kan. at 406. I disagree with the majority’s analysis on two specific points: (1) the majority’s implicit finding that Kline’s actions constituted the unlawful performance of a public duty or unlawful exercise of public office; and (2) the majority’s…