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Civil Practice – Standing – Constitutional Challenge – Discussion of Merits
By: S.C. Lawyers Weekly staff//September 19, 2022
Civil Practice – Standing – Constitutional Challenge – Discussion of Merits
By: S.C. Lawyers Weekly staff//September 19, 2022
We agree with our Court of Appeals that Opternative, Inc., has constitutional standing to challenge the constitutionality of the Eye Care Consumer Protection Law. However, in the context of constitutional standing, any discussion of the three elements of constitutional standing – injury in fact, causal connection, and redressability – is not an analysis of the merits of the underlying action. Accordingly, the Court of Appeals’ decision should in no way be construed as a comment on the merits of the action.
Affirmed.
Opternative, Inc. v. South Carolina Board of Medical Examiners (Lawyers Weekly No. 010-030-22, 3 pp.) (Per Curiam) Appealed from Richland County Circuit Court (DeAndrea Benjamin, J.) Kirby Darr Shealy and Luke Allen for petitioner; William Wood, Miles Edward Coleman, Robert McNamara and Joshua Windham for respondent. S.C. S. Ct.
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