WEST PALM BEACH - The Florida Supreme Court is being asked to consider whether prosecutors violated Rush Limbaugh's privacy rights when they served a surprise warrant on his doctors and seized his medical records for an investigation into his use of painkillers.
The 4th District Court of Appeal, which previously ruled against Limbaugh, asked the court Wednesday to decide whether patients should be notified before their medical records are seized or inspected. The Supreme Court could decline to hear the case, allowing the lower court's decision to stand.
The appellate court last month rejected Limbaugh's claim that his privacy rights prevailed over investigators' power to seize his medical records.
His request for a rehearing was denied.
Investigators seized Limbaugh's medical records last November to investigate whether the radio commentator engaged in "doctor shopping," or illegally visiting several doctors to obtain duplicate prescriptions. They obtained search warrants after learning he received about 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion.
Since then, the investigation has remained at a standstill, with the medical records sealed pending a final court decision.
Limbaugh, who has not been charged, maintains that the investigation is politically motivated and that he has committed no crime. He says he is fighting to protect privacy rights.
He admitted an addiction to pain medication last year, saying it stemmed from severe back pain. He took a five-week leave from his afternoon radio show for a rehab program.
