Benson v. McKee
Rhode Island Supreme Court
273 A.3d 121 (2022)
- Written by Sean Carroll, JD
Facts
In 2019, the Rhode Island legislature enacted a law granting the right to an abortion consistent with Roe v. Wade. The law also repealed statutes that had prohibited abortion and had been deemed unconstitutional. Michael Benson and other adults (collectively, adults) (plaintiffs) filed suit to prevent the law’s passage. The adults argued that the enactment of the law required a vote and the failure to provide that vote violated their rights. Unborn children (plaintiff) also challenged the law, claiming that they were “persons” under the repealed statutes and thus the new law took away their rights. Finally, Servants of Christ for Life (SOCL) (plaintiff), a corporation, challenged the law, asserting its right to advocate for unborn children. Governor Daniel McKee and other state officials (defendants) filed a motion to dismiss for lack of standing. The superior court granted the motion. The adults, the unborn children, and SOCL appealed.
Rule of Law
Issue
Holding and Reasoning (Goldberg, J.)
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