Michael Benson v. Daniel McKee, in his official capacity as Governor for the State of Rhode Island

Syllabus

The plaintiffs appealed from a Superior Court judgment following the grant of a motion to dismiss pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure brought by the defendants. On appeal, plaintiffs essentially argued that the trial justice committed reversible error by (1) dismissing their claims based on standing (2) reaching the merits of the case and (3) shifting the burden of proof to plaintiffs. The plaintiffs' claims were based on their challenge to the enactment of the Reproductive Privacy Act, G.L. 1956 chapter 4.13 of title 23, which effectively granted the right to abortion and repealed statutes penalizing abortion. The Supreme Court held that plaintiffs lacked standing, but it also addressed the merits of the case on a limited basis due to the critical public importance of clarifying the constitutional authority of the Rhode Island General Assembly to enact legislation. Ultimately, the Supreme Court determined that, despite the repeal of article 6, section 10 of the Rhode Island Constitution, the Legislature continues to hold the broad power to enact laws. Similarly, the Court interpreted the last sentence in article 1, section 2 of the constitution and concluded that this restriction was limited to that section and applied only to the judicial branch, which is the one branch that has the authority to construe laws, while the General Assembly's role is to enact laws. Lastly, the Supreme Court noted that the enactment of the RPA did not amount to a constitutional amendment requiring a referendum. Accordingly, the Court affirmed the judgment of the Superior Court.