CrimLaw

"Under fire from abortion-rights groups, Attorney General John Ashcroft insisted Thursday that doctor-patient privacy is not threatened by a government attempt to subpoena medical records in a lawsuit over the Partial-Birth Abortion Ban Act."

How? How is subpoenaing medical records not an attempt to abrogate the doctor-patient privilege? The activity which the feds are trying to stop is evil and getting those records would almost certainly make prosecution far easier. But isn't it always the clarion call of those who wish to break privilege (whether they be prosecution or Defense) that it's necessary in this case and it won't set bad precedent because it should only apply in this limited circumstance and anyway, we aren't really asking for privilege to be broken because [insert technicality here]?

Addendum

An Old Friend kindly pointed out to me that the purpose of these subpoenaes is not to build cases in order to prosecute the doctors but to allow the Administration to defend the constitutionality of the law (apparently, the Government will somehow seek to introduce the records as proof that in the past, doctors have performed the now-banned procedure although it wasn't "medically necessary). OF posits that this makes the action even less defendable. I agree.