EXCLUSIVE: Suit Filed Seeking Restraining Order to Block Raimondo from Signing Abortion Rights Bill
Thursday, June 20, 2019
GoLocal has secured a copy of a last-minute lawsuit filed with RI Superior Court on Wednesday afternoon which seeks to block the adoption of the Reproductive Rights Act.
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The 9-page motion was filed on behalf of defendants Michael Benson, Nichole Leigh Rowley and others on behalf of Catholics for Life, dba Servants of Christ for Life.
The legislation seeks, “A grant of Immediately restraining and prohibiting Defendants from transmitting H—S125B¨ or any similar bill to Governor Gina Raimondo for her signature.”
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTNamed in the lawsuit besides Raimondo are Speaker of the House Mattiello, Senate President Dominick Ruggerio, Attorney General Peter Neronha and other state house administrators.
In addition, the suit names a range of other bills now pending before the RI General Assembly. This suit was filed the day and nearly the exact time the State Senate is scheduled to consider final passage of a compromise bill to strengthen reproductive rights on RI.
The lawsuit claims that “the underlying constitutional challenge is to a bill, specifically, 2019 House 5125 Substitute B ("H-5125B") which appears on the public calendar of the Senate, and is slated to come before the House, for final votes today, Wednesday, June 19, 2019.”
In addition, the suit claims the legislature does not have a constitutional right, “Plaintiffs challenge, in this case, that the Defendants lack the constitutional authority to pass H-5125B, and, if passed, is void, pursuant to the specific language of the Constitution for the State of Rhode Island and Providence Plantations. Plaintiffs allegations are supported by the affidavits of the General Counsel to the President of the 1986 Constitutional Convention and the 1986 Speaker of the Rhode Island House of Representatives - - swearing that the prohibitions in Article I, Section 2 of the Rhode Island Constitution is intended to act as a mandatory restraint against the abuse of legislative power.”
The suit states, “All recent statements by Ruggerrio, Mattiello, and Governor Raimondo, as reported to the general public, indicate that H-5125B is a certitude to fully pass both chambers of the Rhode Island General Assembly, and that Governor Raimondo will sign it when it reaches her desk.”
The motions for the restraining order, preliminary injunction and permanent injunction was submitted by Warren Attorney Diane Messere Magee.
Named in the lawsuit besides Raimondo are Speaker of the House Mattiello, Senate President Dominick Ruggerio, Attorney General Peter Neronha and other state house administrators.
UPDATE:
While the motion for a Temporary Restraining Order was denied by the Court on Wednesday, Magee tells GoLocal that a broader Constitutional question is still before the Court.
"The lawsuit is a complex constitutional challenge relying on not just the specific language prohibiting the grant or securing of an abortion right in Rhode Island, but also relies on the fact that in 2005 the citizens of Rhode Island voted to repeal the plenary powers of the legislature. And it's those powers on which they're relying to pass this bill without taking it to the people for a vote as is required under our constitution," said Magee in an email to GoLocal.
"What was denied today, was a temporary restraining order to stop the transmission of the bill to the governor for her signature. We expected that that motion would be denied. However, we still have an action for preliminary injunction, permanent injunction, and the main complaint regarding the Constitutional challenge that is very much alive. We will be asking the court to certify the Constitutional question directly to the Rhode Island Supreme Court who is the final arbiter of what the Rhode Island Constitution mandates," Magee added.
UPDATED: 7:58 PM
This story was first published 6/19/19 4:33 PM
