South Carolina Lawyers Weekly

Jan 19, 2023

Constitutional – Privacy Right – 6-Week Abortion Ban – ‘Informed Choice’

Our state constitutional right to privacy extends to a woman’s decision to have an abortion. The state unquestionably has the authority to limit the right of privacy that protects women […]

Sep 28, 2022

Constitutional – Civil Forfeiture Statutes – Facial Challenge – Due Process & Excessive Fines

In a civil forfeiture case, the state need only show probable cause to believe the seized property has a substantial connection to criminal activity; then, the burden shifts to a […]

Mar 29, 2022

Constitutional – Denial of church’s zoning requests didn’t violate law

Where a church was aware of zoning restrictions when it purchased property, it could not have had a reasonable expectation of religious land use, dooming its claim under the Religious […]

Feb 11, 2022

Constitutional – Prison’s single-vendor policy did not violate Muslim detainee’s rights

Where a practicing Muslim detainee argued that he should not be forced to purchase his prayer oils from a commissary that sells swine and idols because Islam prohibits buying religious […]

Feb 1, 2022

Constitutional – Sex-offender treatment variations are constitutional

Where Virginia’s sex-offender registry law allows an offender who is charged with “carnal knowledge of a child” to be removed from the registry in time if he is less than […]

Dec 21, 2021

Constitutional – Challenge to COVID-19 restrictions is moot

Where a church alleged that certain COVID-19 executive orders issued by the Virginia governor violated its religious rights, but the orders expired in June 2020 and the state of emergency […]

Nov 3, 2021

Constitutional – Due Process – Vagueness – Disorderly Conduct & Disturbing Schools Laws

South Carolina’s “Disorderly Conduct Law” and its former “Disturbing Schools Law” do not give public schoolchildren notice of the conduct prohibited, and the laws’ subjectivity has led to disproportionate enforcement […]

Nov 3, 2021

Constitutional – Substantive Due Process – Municipal Housing Authority – Carbon Monoxide Poisoning

Plaintiff alleges that defendant’s failure to maintain certain furnaces or to install carbon monoxide detectors in its apartments made an eventual death virtually certain, yet plaintiff has not alleged that […]

Oct 6, 2021

Constitutional – Heritage Act – Supermajority Requirement – First Impression – Flag & Monument Removal Provisions

Absent a constitutional provision to the contrary, the General Assembly acts and conducts business through majority vote. Therefore, the requirement of S.C. Code An. § 10-1-165(B)—that the Heritage Act could […]

Sep 29, 2021

Constitutional – Decisions allowing gun purchases by persons under 21 vacated

Where the Fourth Circuit previously held that a federal law banning the purchase of a handgun by persons under 21 violated the Second Amendment, but the plaintiff in that case […]

Sep 17, 2021

Constitutional – West Virginia ballot-order statute is constitutional

Where a West Virginia statute governing the order in which candidates’ names appear on state election ballots was neutral and nondiscriminatory, and any modest burden on the Democratic Party’s rights […]

Sep 8, 2021

Constitutional – One-Subject Rule – Municipal – Schools & School Boards – Mask Mandate

In an appropriations act, the General Assembly did not violate the one-subject rule when it prohibited the expenditure of state funds on mask mandates. The respondent-city’s mask mandate violates the […]