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SC PUBLIC INT. v. JUDICIAL MERIT SELECT.

No. 26164.

369 S.C. 139 (2006)

632 S.E.2d 277

The SOUTH CAROLINA PUBLIC INTEREST FOUNDATION, and James M. Herring, Individually and on Behalf of All Others Similarly Situated, Appellants/Respondents, v. The JUDICIAL MERIT SELECTION COMMISSION, Senator James H. Ritchie, Jr., Representative F.G. Delleney, Jr., Senator Robert Ford, Representative Doug Smith, Senator Ray Cleary, Representative Fletcher N. Smith, Jr., John P. Freeman, Judge Curtis G. Shaw, Ms. Amy Johnson McLester, and Richard S. "Nick" Fisher, Respondents/Appellants.

Supreme Court of South Carolina.

Decided June 8, 2006.

Attorney(s) appearing for the Case

James G. Carpenter, of Greenville, for Appellant-Respondents.

Michael Robert Hitchcock and Mikell C. Harper, both of Columbia, for Respondent-Appellants.

Chief Justice TOAL.

The trial court found that the issue of whether the Judicial Merit Selection Commission (Commission) properly evaluated a candidate seeking election to a circuit court seat was a nonjusticiable political question. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

The South Carolina Public Interest Foundation (Foundation) and James Herring (Herring) brought the present action against the Commission...

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