Blue states must act on Trump attacks now more than ever
From a press release:
State Representative Brandon Potter (Democrat,
District 16, Cranston) has introduced legislation to protect the constitutional
rights of Rhode Islanders from federal officials by creating a right to sue in
state court.
“Under the Trump Administration, federal officials have invaded our states and blatantly disregarded the constitutional rights of the citizens whose communities they have occupied,” said Representative Potter.
“These abuses are only growing more brazen. This federal government will not
police itself, so individual Rhode Islanders need a defense in state courts to
protect their constitutional rights, which is exactly what this legislation
provides. For too long, federal officials have enjoyed broad immunity against
lawsuits in federal court, a deficiency in our legal system that this lawless
administration has made heartbreakingly clear. It’s time for states to step up
to their residents’ defense, starting with Rhode Island.”
The Rhode
Island Federal Constitution Defense Act (2026-H
7202) would create a state law cause of action against federal
officials who, through actions in Rhode Island, violate a person’s rights under
the United States Constitution.
Rhode Island currently has no state cause of action to sue a
federal official in a Rhode Island state court for violating the federal
Constitution, meaning that Rhode Islanders whose constitutional rights have
been violated have to sue federal officials in federal courts, where judges
have ruled that officials have broad immunity from these lawsuits.
“If our federal government violates our federal constitution, it must be held accountable,” said attorney Miriam Weizenbaum, board president of the Lawyers’ Committee for Rhode Island. “Otherwise, we live not in a democracy but in a lawless nation. This bill creates protection where it does not now exist, and is critical to keep our constitutional rights meaningful and alive for people in Rhode Island. We are proud to have played a role in drafting it. We stand ready to mobilize for this legislation with testimony and outreach to build public understanding and support for this critical protection.”
Representative Potter mentioned the actions of Immigration
and Customs Enforcement (ICE) officials using excessive force
against and arresting those peacefully protesting or documenting their actions,
and the deployment of the military and the National Guard to act as local law
enforcement, as examples of the types of actions that could lead Rhode
Islanders to sue under this law.
“Rhode Islanders who are punished for exercising their right
to protest or who are improperly detained without probable cause would have
cases under this law,” said Representative Potter. “As we see daily across the
nation, these are not hypothetical concerns. It is better to act now to put
this protection in place before the abuses we’re seeing elsewhere become common
in Rhode Island.”
The law would apply only to federal officials and would
create no new liability for state and local officials.
The bill is supported by the Lawyers’ Committee for Rhode Island, a group of attorneys dedicated to using the law to protect people, groups, and institutions in Rhode Island from federal illegality, support efforts to maintain and advance democracy, and prevent authoritarianism
SteveAhlquist.news is a reader-supported publication. To
receive new posts and support my work, consider becoming a free or paid
subscriber.