Abbeville County School District v. State

Supreme Court of South Carolina
Abbeville County School District v. State, 415 S.C. 19 (S.C. 2015)
780 S.E.2d 609; 2015 S.C. LEXIS 382
Beatty, Hearn, Kittredge, Pleicones, Toal

Abbeville County School District v. State

Opinion of the Court

Justice KITTREDGE.

I adhere to my dissenting opinion and view that this Court has egregiously violated fundamental separation of powers principles by involving itself in a matter that lies exclusively in the Legislative Branch. While 1 would join the majority in vacating its September 24, 2015 order, I certainly would not replace it with a version that ostensibly violates separation of powers less. The principle of separation of powers demands complete adherence and countenances not the slightest transgression. I would deny the motion of the Plaintiff Districts.

s/Jean H. Toal, C.J. s/Donald W. Beatty, J. s/Kaye G. Hearn, J. s/Costa M. Pleicones, J. s/John W. Kittredge, J.

Reference

Full Case Name
ABBEVILLE COUNTY SCHOOL DISTRICT, Appellants-Respondents v. The STATE of South Carolina, of whom Hugh K. Leatherman, Sr., as President Pro Tempore of the Senate and as a representative of the South Carolina Senate and James H. Lucas, as Speaker of the House of Representatives and as a representative of the South Carolina House of Representatives are, and State of South Carolina, Nikki R. Haley, as Governor of the State of South Carolina, are
Status
Published