South Carolina Lawyers Weekly

Jul 7, 2021

Constitutional – Declaratory Judgment – One-Subject Legislation – Auto Insurance & Real Property

Before passing a 2020 bill related to the law of automobile insurance, the General Assembly added a provision extending the redemption period for real property that had been sold at […]

May 20, 2021

Constitutional – Landowners improperly awarded attorneys’ fees in takings case

Where the amount proposed by the government as compensation for land near a Marine Corp Air Station was closer to the amount awarded by the court than the sum requested […]

Apr 26, 2021

Constitutional – Screening database doesn’t violate Due Process

Where 23 individuals argued their inclusion in a terrorist screening database subjected them to delays at airports, because the alleged delays were relatively modest and not atypical for travelers, their […]

Apr 8, 2021

Constitutional – Bivens not extended to retaliation claim

Where other remedies are available to an inmate claiming prison officials violated his First Amendment rights by retaliating against him for filing grievances, allowing a Bivens remedy could lead to […]

Apr 2, 2021

Constitutional – Exclusion of LGBTQ essay did not violate free speech

Where an elementary school principal omitted a fourth grader’s essay on LGBTQ equality from a student booklet because the material was not age-appropriate, she did not violate the First Amendment […]

Mar 22, 2021

Constitutional – Councilman’s Suspension – Moral Turpitude – Domestic Violence – Subject Matter Jurisdiction – Separation of Powers

When the plaintiff-city councilman was charged with second-degree domestic violence, S.C. Const. art. VI, § 8 gave the governor the authority to suspend plaintiff until he was acquitted. We affirm […]

Feb 1, 2021

Constitutional – Wrong standard applied to issue of care for detained immigrant youth

Where unaccompanied immigrant children detained by the government alleged they were not receiving a constitutionally adequate level of mental health counseling, the proper standard was whether the care substantially departed […]

Feb 1, 2021

Constitutional – Prison must provide deaf inmate with access to video calls

Where the record showed that a deaf inmate could not communicate in writing because of his lack of English proficiency, that point-to-point videophone calls would not have a “ripple effect” […]

Dec 16, 2020

Constitutional – Schools & School Boards – CARES Act – Private School Funding

Since CARES Act funds are received in the state treasury and distributed through it, those funds are “public funds” within the meaning of S.C. Const. art. XI, § 4. Consequently, […]

Dec 9, 2020

Constitutional – Importing prior discriminatory intent to new voting law was error

Although North Carolina previously acted with racially discriminatory intent in enacting a 2013 omnibus voting law that included voter-ID requirement, it was error to assume that same intent influenced the […]

Nov 30, 2020

Constitutional – Short-term aerial surveillance allowed to continue

Where Baltimore’s short-term aerial surveillance program does not target particular individuals or violate a reasonable expectation of privacy, and seeks to meet a serious law enforcement need without burdening constitutional […]

Oct 28, 2020

Constitutional – N.C. absentee ballot deadline not extended

Where parties challenging the North Carolina State Board of Elections’ decision to extend the deadline for receipt of mail-in ballots failed to demonstrate they were likely to succeed on the […]