RI Supreme Court upholds state law protecting abortion rights
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PROVIDENCE — The state Supreme Court on Wednesday upheld the state’s Reproductive Privacy Act, passed in 2019 to safeguard abortion rights in Rhode Island.
The high court upheld Superior Court Judge Melissa E. Darigan’s November 2019 dismissal of a challenge to the law brought by the advocacy group Catholics for Life and several other activists. The groups had argued that the state Constitution bars the General Assembly's unilateral passage of a law confirming a fundamental “right” to abortion.
"Construing provisions in the state’s constitution is the function of this Court, and we have not been called upon to do so in the context of this case. But in no way has the General Assembly been prohibited from enacting the legislation at issue in the case at bar," the court said in a ruling written by Justice Maureen McKenna Goldberg.
The ruling did not address the merits of the claims, but upheld Darigan's finding that the plaintiffs – including babies born while the case was pending and Servants of Christ for Life – lacked standing.
"We are of the opinion that the enactment of the RPA did not amount to a constitutional amendment requiring a referendum. We also reiterate that, because plaintiffs do not show an actual and personal stake in the outcome, we make no substantive ruling relative to their claims," the court said.
The Reproductive Privacy Act, signed into law by Gov. Gina Raimondo in June 2019, codifies the federal abortion-rights ruling in Roe v. Wade into state law. The move to preserve the “status quo” on abortion in Rhode Island began amid speculation that Roe v. Wade could be overturned during President Donald Trump’s administration.
Catholics for Life unsuccessfully attempted to block passage of the law by filing a temporary restraining order.
The state Supreme Court heard arguments Jan. 27, with Justices Erin Lynch Prata and Melissa Long recusing themselves. Lynch Prata played a central role in securing the passage of the law while serving in the state Senate.
Tyler Rowley, president of Servants of Christ for Life, said Wednesday via Twitter that the plaintiffs are considering whether to petition for appeal to the United States Supreme Court.
“Despite this decision by the R.I. Supreme Court, we will continue to speak for the children who cannot speak for themselves,” Rowley said.
Justice William P. Robinson III released an opinion, faulting the court for delving into issues outside of standing.
"I respectfully but most definitively dissent from any portion of the majority’s opinion that addresses any issue other than the standing issue. I see no reason in the instant case for addressing such important and controversial issues when there is no necessity to do so," he wrote.
Gov. Dan McKee and other state lawmakers on Wednesday hailed the ruling, particularly given the release this week of a draft U.S. Supreme Court opinion written by Justice Samuel Alito that would strike down Roe v. Wade.
“As governor, I am gratified by the Rhode Island Supreme Court’s rejection of this challenge to the Reproductive Privacy Act, which ensures women’s reproductive rights in Rhode Island. This is more important now than ever as we fight to protect access to reproductive health care,” McKee said.
House Speaker K. Joseph Shekarchi and Senate President Dominick J. Ruggerio also praised the ruling.
“I am very pleased that the Rhode Island Supreme Court has affirmed the Reproductive Privacy Act enacted by the General Assembly. Regardless of any decision by the U.S. Supreme Court, Rhode Islanders can be assured that a woman’s right to choose will be protected in our state,” Shekarchi said in a statement.
“We were confident when the Senate passed the Reproductive Privacy Act in 2019 that it was constitutional. As we expected, the Rhode Island Supreme Court today affirmed that belief,” Ruggerio said.
Attorney General Peter F. Neronha, whose office defended the law, also applauded the decision "at a critical moment as our country contemplates the future of reproductive freedom."
“The passage of the Reproductive Privacy Act and its continued viability ensures, during an uncertain national climate, that Rhode Island will not return to the days of illegal and unsafe abortions that put the lives of women in danger and created criminal liability for physicians,” Neronha said.
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The act allows abortions up until the point that a fetus could live outside the womb. An abortion would be allowed later only when necessary to preserve the health or life of the woman.
The American Civil Liberties Union of Rhode Island, which was not a party to the case, filed a brief in support of the law’s constitutionality. The ACLU celebrated Wednesday's ruling.
"Today’s ruling is a crucial victory for the privacy rights of all Rhode Islanders, and we commend the General Assembly’s foresight in enacting this statue in 2019. The ACLU will continue to fight for the protection and expansion of this fundamental right," Executive Director Steven Brown said.
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This article originally appeared on The Providence Journal: RI Supreme Court upheld a 2019 state law safeguarding abortion rights
