Executive powers

Flanders, Stenhouse Provide Testimony Calling for an End to Unchecked Executive Branch Emergency Powers

“Appalled” that a state Senator is a “big fan” of unconstitutional EOs

Providence, RI – Former state Supreme Court Justice and board member Robert Flanders, as well as CEO Mike Stenhouse, provided testimony on behalf the Rhode Island Center for Freedom and Prosperity at yesterday’s Senate Oversight Committee hearing on the emergency Executive Orders issued during the current pandemic.

“I’d like to thank Chairman DiPalma for holding this important hearing,” commented Stenhouse. “However, I was very disappointed in the lack of interest in providing balanced government by most of the other committee members.”

Former judge Flanders submitted written testimony which, in part, stated: “Rhode Island’s Emergency Powers Act should be legislatively reformed to provide for more democratic emergency governance, along with a re-examination of the statutory parameters of the Governor’s emergency powers and the related roles of the legislative and judicial branches of state government.”

Flanders, whose testimony listed many areas of concern regarding executive over-reach and potentially unconstitutional executive orders, has also publicly stated that “there is no pandemic exception to the Constitution.”

Senate Oversight Committee Hearing on Executive Powers

Stenhouse, in his verbal testimony (beginning at the 50:35 mark), firmly stated that he was “appalled” that a sitting Senator (Stephen Archambault) openly averred (40:45) at the hearing that he was a “big fan” of an unconstitutional executive order described by  an attorney from the executive branch. The Senator would later double-down on his absurd assertion (58:45).

Stenhouse decried the legislative branch’s lack of oversight of the executive branch – especially the publicly transparent and vigorous debate that would accompany such oversight – during the still-ongoing declared state of emergency. He called for reforms that would require General Assembly approval to extend emergency Executive Orders beyond their initial 30-day period.

Stenhouse also listed 10 states that have already passed or were moving similar legislation, after it became clear that existing law in many states provided too much unchecked power to the executive branch during states of emergency:

Kentucky, Utah, and Ohio have already passed related laws; while West Virginia, Arizona, Pennsylvania, North Dakota, Texas, North Carolina, and Indiana are expected to pass laws or constitutional amendments. These legislative actions, generally and among other items, would place time limits on executive emergency powers and would require the legislature to extend emergency orders by joint resolution.

Only one committee-member, Senator Jessica De La Cruz, expressed support for limiting emergency executive powers by requiring legislative approval.

The Flanders Legal Center for Freedom issued a letter to RI Governor Gina Raimondo urging her to rescind existing orders based on religious rights.

Flanders Legal Center Issues Religious Rights Demand Letter to Governor Raimondo

Governor’s Phase-2 Rules Are Likely Unconstitutional
Burdens Churches With Special Restrictions Not Imposed Elsewhere

Providence, RI – One day after America celebrated Memorial Day to honor those who sacrificed for our freedoms, including religious liberty, the Flanders Legal Center for Freedom issued an open letter to Rhode Island Governor Gina Raimondo urging her to rescind existing orders and to amend any contemplated orders and regulations that discriminate against churches and church-goers. 

To avoid a potential legal challenge to the State, the letter from the Flanders Legal Center for Freedom, an initiative of the RI Center for Freedom & Prosperity, advises that the religious community must be provided with the same opportunities to safely assemble (and worship) that are provided to secular entities.

“Your … recent public statements that indoor restaurants and other secular venues may re-open at up to 50% of their capacity, while churches and other faith-based venues may only re-open at a 25% capacity … are unconstitutional,” writes Robert G. Flanders, author of the letter and chairman of the legal center. “Today, we call on you to amend your orders to recognize the essential services provided by our churches.”

Earlier this month, the Flanders Legal Center published a legal analysis addressing the many legal limits of the Governor’s emergency powers under the law.

Flanders, a board member of the RI Center for Freedom & Prosperity, is a practicing attorney and former Associate Justice of the Rhode Island Supreme Court. The legal center’s volunteer team is also composed of attorneys Matthew Fabisch, Richard MacAdams, and Patrick Reynolds.

The nonpartisan Flanders Legal Center expects to provide ongoing legal commentary, submit friend of the court briefs, and potentially engage in select litigation cases.

The media is invited to contact the Center to arrange for interviews with former Judge Flanders.

Rhode Island Governor Emergency Powers

Legal Paper: Governor’s Emergency Powers are Not Unlimited and Unchecked

Legal Limits on Emergency Executive Powers in Rhode Island General Assembly Designed to be a Check

Providence, RI – The General Assembly has the absolute authority to end a declared state of emergency, especially when the Governor may not be acting with “restraint and moderation and with strict regard to the rights of the people.” This according to a legal analysis released today by the RI Center for Freedom & Prosperity (Center).

The six-page analysis, conducted by the new Flanders Legal Center for Freedom, an initiative of the Center, takes a close look at the Rhode Island General Laws that vest emergency powers with the Governor. In examining the statutes under RI General Laws § 30-15, those powers are neither unlimited, unchecked, nor intended to be exercised with unbridled discretion. 

Important legal questions are raised in the analysis, as to whether or not the Governor has exceeded her legal authority in issuing executive orders and other edicts:

  • Did the Governor exceed clear time limitations when she effectively shut down mid-to-large sized summer events and activities?
  • Did the Governor illegally reschedule the June Presidential Primary, with arbitrarily imposed new voting and voter-ID rules?
  • Did the Governor infringe on religious rights by limiting church crowds, while allowing larger gatherings in other, secular settings?
  • Do the Governor’s arbitrary limitations on the number of people who are permitted to peaceably assemble violate our First Amendment rights?

“It is vital that a balance of power be maintained and that the General Assembly seriously consider its important role,” advised Mike Stenhouse, the Center’s CEO. “Many Rhode Islanders feel that the Governor prematurely shut-down our summer fun. She may also have done so illegally. The General Assembly can be heroes and give us our summer back.”

This legal analysis is the first publication of the Flanders Legal Center for Freedom, which is led by Robert Flanders, a board member of the Center, a practicing attorney, and former Associate Justice of the Rhode Island Supreme Court. Operating under the auspices of the Center, the nonpartisan Flanders Legal Center expects to provide ongoing legal commentary, submit friend of the court briefs, and potentially engage in select litigation cases.

The media is invited to contact the Center to arrange for interviews with former Judge Flanders.

issue advocacy lawsuit

Update on Lawsuit Against Unconstitutional State Campaign Finance Law

Brief Filed Against State’s Motion to Dismiss the Lawsuit

Pro-liberty Attorneys Press Forward With Strong Defense of 1st Amendment

Providence, RI – As part of its new strategic litigation initiative, the RI Center for Freedom & Prosperity announced today that the attorneys at its partner firm, the Liberty Justice Center (LJC), filed a response brief to the State’s motion to dismiss a lawsuit the Center helped bring last year against an unconstitutional donor disclosure law in the Ocean State, described by LJC as “among the most stringent, invasive, disclosure requirements in America”. 

The lawsuit challenges a Rhode Island law, R.I.G.L. § 17-25.3-1, which requires information about donors who support nonpartisan, issue advocacy organizations to be disclosed to the government when the group engages in issue-advocacy during certain time periods.

The Attorney General of Rhode Island, representing the defendant, the Rhode Island Board of Elections, last month filed a motion to end the case currently pending before Judge Mary S. McElroy in federal district court. Attorneys for the Gaspee Project and Illinois Opportunity Project, two nonprofit organizations challenging the law, are pushed back with a strong defense of the First Amendment in their response, filed yesterday.

“The attorneys at the Liberty Justice Center pressed the case for a federal judge to vindicate the free-speech rights of nonprofit groups in Rhode Island,” said Mike Stenhouse, the Center’s CEO. “Issue-advocacy is a private and protected First Amendment right, regardless of when that money is spent. This invasive and unconstitutional law exposes citizens to possible retaliation and harassment for simply exercising their free speech rights.”

In their brief, the LJC attorneys looked at the historical tradition of our nation, which respects the right to speak in the public square without government registration and regulation, starting with the founding fathers and the Federalist Papers.  The brief also draws on several U.S. Supreme Court cases from the Civil Rights era establishing that nonprofit organizations enjoy a constitutional guarantee of privacy for their members and supporters. Taken together, LJC attorneys trust their arguments have a strong foundation for success with the judge.

Per the brief, politicians are unconstitutionally seeking out “sensitive, private donor information, knowing there are those who will seize upon it to target, embarrass, and harrass citizens and corporations that engage in or support issue advocacy.”

The plaintiffs in the lawsuit are The Gaspee Project, a 501(c)4 nonpartisan advocacy organization in Rhode Island, and the Illinois Opportunity Project, a 501(c)4 social-welfare organization. The Gaspee Project et al. v. Mederos, was filed in November 2019 in the U.S. District Court for the District of Rhode Island. 

Similar disclosure requirements in other states have faced considerable scrutiny. As a result of challenge brought by the Liberty Justice Center in New Jersey, the state is currently blocked from enforcing the measures.

View the brief and the original complaint and to learn more about this lawsuit and the Center’s strategic litigation initiative at www.RIFreedom.org/Litigation.

As part of its new strategic litigation initiative, the Center announced a lawsuit against an unconstitutional donor disclosure law.

Center and Robert Flanders Partner with Illinois Group to Bring Lawsuit Against Unconstitutional State Campaign Finance Law

Lawsuit Seeks to Protect Free Speech & Citizen Privacy

Center’s Board Member, Robert Flanders, to Serve as Local Counsel for lawsuit

Watch this NBC-10 TV STORY

Providence, RI – As part of its new strategic litigation initiative, the RI Center for Freedom & Prosperity announced today that it has partnered with the Liberty Justice Center (LJC) to bring a lawsuit against an unconstitutional donor disclosure law in the Ocean State. 

The lawsuit challenges a Rhode Island law, R.I.G.L. § 17-25.3-1, which requires information about donors who support nonpartisan, issue advocacy organizations to be disclosed to the government when the group engages in issue-advocacy during certain time periods. Issue-advocacy is a private and protected First Amendment right, regardless of when that money is spent. This invasive and unconstitutional law exposes citizens to possible retaliation and harassment for simply exercising their free speech rights. 

Press release from the Liberty Justice Center
Click here for the complaint
New York Times story on Donor Privacy

Press release from the Liberty Justice Center
Click here for the complaint
New York Times story on Donor Privacy

The plaintiffs in the lawsuit are The Gaspee Project, a 501(c)4 nonpartisan advocacy organization in Rhode Island, and the Illinois Opportunity Project, a 501(c)4 social-welfare organization. The Gaspee Project et al. v. Mederos, was filed yesterday in the U.S. District Court for the District of Rhode Island. Robert Flanders, former Associate Justice of the Rhode Island Supreme Court and a board member of the Center, will serve as local counsel for the Liberty Justice Center, a nonprofit, nonpartisan public-interest litigation organization.

“The constitutional rights of Rhode Islanders have been under constant and serious threat for decades,” said the Center’s CEO, Mike Stenhouse. “Rather than support open and free debate, this law shuts it down. It rigs the system to discourage organized issue-advocacy and chills free speech.”

In May of 2019 the Center added former Justice Flanders to its Board of Directors, specifically to build an internal legal capacity and to coordinate with national legal organizations that bring lawsuits across the country to challenge unconstitutional state laws and regulations. Flanders was the GOP candidate in Rhode Island’s 2018 U.S. Senate race.

“One way to better inform the voting public about issues facing our communities is to ask the courts to remove laws that inhibit a full and informed debate,” added Flanders. “We should restore full 1st-Amendment rights and encourage everyone to share their ideas and perspectives without fear of retaliation or harassment.”

Similar disclosure requirements in other states have faced considerable scrutiny. As a result of challenge brought by the Liberty Justice Center in New Jersey, the state is currently blocked from enforcing the measures.

In 2014, a different Rhode Island campaign finance law that limited donor rights was successfully challenged by the state-based Stephen Hopkins Center for Civil Rights. 

About Liberty Justice Center: The Liberty Justice Center is a nonprofit, nonpartisan public-interest litigation center that was founded to fight against political privilege. The most notable example of the Liberty Justice Center’s success in this arena is its 2018 U.S. Supreme Court victory in Janus v. AFSCME. Beyond its work in the Janus case, the Liberty Justice Center’s team of talented, liberty-minded attorneys are also fighting to protect economic liberty, private property rights, free speech and other fundamental rights. The Liberty Justice Center pursues its goals through strategic, precedent-setting litigation to revitalize constitutional restraints on government power and protections for individual rights. Learn more about the Liberty Justice Center at LibertyJusticeCenter.org.

Former Justice Flanders Joins Center’s Board

Will Explore Development of an Internal Strategic Litigation Capacity

Providence, RI – The RI Center for Freedom & Prosperity is pleased to announce that former R.I. Supreme Court Justice Robert G. Flanders, Jr. has joined its Board of Directors, now totaling 14 members.

An Associate Justice of the Rhode Island Supreme Court from 1996 thru 2004, Flanders is also well known for his 2018 candidacy as the Republican nominee for the United States Senate and for his appointment as “receiver” for the city of Central Falls in 2011. Flanders, who is now a partner with the Providence-based law firm, Whelan, Corrente, & Flanders, also spent many years with the Hinckley Allen law firm.

“As a long-time admirer of the Center’s work, I look forward to exploring with Mike Stenhouse the viability of building a new strategic litigation capacity for our organization,” commented Flanders. 

“With our state suffering from a sharp policy turn to the left, and with legislative leaders unchecked and out-of-control in their devotion to special-interests, one strategy is to look into whether not some of the most harmful laws and regulations on our books are even constitutional,” added Stenhouse, the Center’s CEO.

Across the nation, it is a growing trend for state-based think-tanks, like the Center, to develop their own, internal legal capacity to challenge potentially unconstitutional statutes.

A Brown University and Harvard Law School graduate, Flanders has served in dozens of public, civic, professional, and nonprofit leadership capacities – receiving multiple special honors and awards. Like Stenhouse, who had an eight-year minor and major league baseball career, Flanders was also a minor league professional baseball player.

The entire list of the Center’s Board, along with a listing of its staff and adjunct scholars, can be found on its About Us webpage.