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Constitutional — Due Process & Equal Protection – Eleventh Amendment Immunity – Civil Practice – Judgment on the Pleadings – Standing (access required)

Bradacs v. Haley (Lawyers Weekly No. 002-229-14, 21 pp.) (J. Michelle Childs, J.) 3:13-cv-02351; D.S.C. Holding: Where the governor has only general enforcement authority under the South Carolina Constitution, she has Eleventh Amendment immunity against plaintiffs’ claims that South Carolina’s ...

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Constitutional — Fourteenth Amendment – Same-Sex Marriage – Civil Practice – Standing – Stay (access required)

Condon v. Haley (Lawyers Weekly No. 002-223-14, 26 pp.) (Richard Gergel, J.) 2:14-cv-04010; D.S.C. Holding: There is no meaningful distinction between South Carolina’s constitutional and statutory ban on same-sex marriage and those of Virginia declared unconstitutional in Bostic v. Schaefer, ...

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Constitutional – Separation of Powers – Appropriations Act – Line Item Veto – Administrative – CON Act – Funding Cut (access required)

  Amisub of South Carolina, Inc. v. South Carolina Department of Health & Environmental Control (Lawyers Weekly No. 010-042-14, 20 pp.) (Jean Hoefer Toal, Ch.J.) (Costa Pleicones, J., dissenting) S.C. S. Ct. Holding: The governor’s veto of a line item ...

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