A Rhode Island Superior court judge has rejected the ACLU's attempts to prevent Gov. Don Carcieri from requiring businesses who serve as state contractors to use the E-Verify employment verification system.
Judge Mark A. Pfeiffer ruled that Gov. Carcieri's order "[was] not outside of the authority of the governor to issue," does not breach the separation of powers doctrine. However, Judge Pheiffer also ruled that the Department of Administration "more likely than not … illegally circumvented the Administrative Procedures Act and must announce a new rule in accordance with that act."
After the ruling Gov. Carcieri said, "We are pleased with the Judge’s decision to deny the temporary restraining order, which allows the Administration to move forward in requiring vendors to use E-Verify. More importantly, the decision clearly recognizes that my Executive Order was within my authority and allowed by the state’s Constitution."
The ACLU is actually claiming victory from the ordeal. They maintain they were the successful party because Judge Pfeiffer is forcing the state to re-issue the mandate. A spokeswoman for the governor said that the state's lawyers were "working on the language" of an emergency promulgation rule.