In State v. R.I. Brotherhood of Correctional Officers, No. 2011-99-Appeal, the Rhode Island Supreme Court reaffirmed the well-settled doctrine of constitutional avoidance, which holds that the Court shall not decide constitutional issues unless it is absolutely necessary to do so. Consistent with the doctrine, the Court refrained from deciding whether a state statute violates the principle of separation of powers and decided the case on other grounds. Id. at 11 n.9.
(4) Supreme Court Adheres to Doctrine of Constitutional Avoidance.
Posted In: Constitutional Avoidance Tagged In: Appellate Practice, Rhode Island Supreme Court
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Nicole J. Benjamin
I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.
