FLORIDA SUPREME COURT REFUSES TO HEAR RUSH LIMBAUGH APPEAL

WEST PALM BEACH -- The Florida Supreme Court said Thursday it will not
consider an appeal from conservative commentator Rush Limbaugh over
prosecutors' seizure of his medical records during an investigation into
whether he illegally purchased painkillers. The 4-3 order did not explain
the court's reasoning.

Limbaugh's attorney had argued that an appeals court misconstrued Florida
law when it ruled prosecutors could obtain the records with search warrants.

Prosecutors seized Limbaugh's medical records in 2003 for an investigation
into whether he illegally purchased prescription painkillers, but they have
remained sealed, pending the outcome of Limbaugh's appeals. Investigators
allege that Limbaugh "doctor shopped," illegally visiting multiple doctors
to receive duplicate prescriptions.

Limbaugh, who has not been charged with any crime, lost at the appellate
court level and wanted the Florida Supreme Court to overturn a ruling that
would open his medical records and possibly allow prosecutors to build a
case against him.

The court said it would not consider any motions for a review of the order,
so it was unclear whether Limbaugh has any further legal recourse to stop
the investigation.

Mike Edmondson, a spokesman for the Palm Beach State Attorney's Office,
described the case as an "ongoing criminal investigation." He would not say
how soon prosecutors might review the medical records, which are being held
by the court, and declined further comment.

Limbaugh has maintained his innocence throughout the investigation and
argues that the case threatens the privacy rights of all Floridians -- a
point which has drawn the support of the American Civil Liberties Union.

Howard Simon, executive director for the Florida ACLU, said the case
reaches beyond the Limbaugh investigation.

"The consequences of this ruling affect the privacy of medical records for
every person in Florida," Simon said. "Some of the most personal things in
our lives are contained in our medical records and if they're not related
to what a government agency is investigating, then it should remain
nobody's business."

Limbaugh's attorney, Roy Black, said in a statement that Limbaugh should
not have to sacrifice his privacy to prove his innocence.

"He has not been charged with a crime, and he should not be charged. His
medical records will show that he received legitimate medical treatment for
legitimate medical reasons," Black said in the statement. "Only those who
have suffered the long-term agony of chronic, severe pain will understand
what Mr. Limbaugh was going through and why the appropriate medical
treatment for his pain was so important."

Limbaugh acknowledged his addiction to pain medication in October 2003,
blaming it on severe back pain, and took a five-week leave from his radio
show to enter rehab.

He has accused Palm Beach County State Attorney Barry Krischer, a Democrat,
of leading a politically motivated investigation against him and labeled it
"a fishing expedition." He took a break from his afternoon radio show on
Thursday for a doctor's appointment and made no comment about the ruling.
The show has 20 million listeners a week and is heard on nearly 600 radio
stations.

Krischer's office began investigating Limbaugh in early 2003 after
prosecutors met with Limbaugh's former maid, Wilma Cline. She told them she
sold Limbaugh "large quantities of hydrocodone, Oxycontin and other
pharmaceutical drugs in Palm Beach County over the course of many years."

Cline provided investigators with e-mails and answering machine recordings
to support her claims and sold her story to The National Enquirer.

Prosecutors went after Limbaugh's medical records after learning that he
received about 2,000 painkillers, prescribed by four doctors in six months,
at a pharmacy near his Palm Beach oceanfront mansion.

They used search warrants to obtain records from doctors in Florida and
California -- an action that Limbaugh argued was too invasive.

Assistant State Attorney James Martz insisted that giving Limbaugh notice
of their plan to seize the records would have compromised their
investigation. He said the Legislature has protected law enforcement's
ability to conduct criminal investigations.