EDWARDS v. STATE

No. 26662.

383 S.C. 82 (2009)

678 S.E.2d 412

Casey EDWARDS and Justin Williams, Petitioners, v. STATE of South Carolina and Mark Sanford, in his Official Capacity as Governor of the State of South Carolina, Respondents. and South Carolina Association of School Administrators, Petitioner, v. The Honorable Mark Sanford, in his official capacity as the Governor of the State of South Carolina, and The Honorable Jim Rex, in his official capacity as the State Superintendent of Education of South Carolina, Respondents.

Supreme Court of South Carolina.

Decided June 4, 2009.


Attorney(s) appearing for the Case

Richard A. Harpootlian and Graham L. Newman, of Richard A. Harpootlian, PA, of Columbia, for Petitioners Edwards and Williams.

Kenneth L. Childs, William F. Halligan, John M. Reagle, and Keith R. Powell, of Childs & Halligan, P.A.; and Frank S. Holleman, III, of Wyche Burgess Freeman & Parham, PA of Greenville, for Petitioner South Carolina Association of School Administrators.

Attorney General Henry D. McMaster, Deputy Attorney General Robert D. Cook, Assistant Deputy Attorney General J. Emory Smith, Jr., and Senior Assistant Attorney General C. Havird Jones, Jr., of Columbia, for Respondent State of South Carolina.

John W. Foster, of Kilpatrick Stockton, LLP, of Columbia; Adam H. Charnes, Richard D. Dietz, and William R. Poplin, Jr., of Kilpatrick Stockton, LLP, of Winston-Salem, NC, for Respondent Sanford.

Shelly Bezanson Kelly, Karla McLawhorn Hawkins, Barbara A. Drayton, and Wendy Bergfeldt Cartledge, of South Carolina Department of Education, of Columbia, for Respondent Rex.

Richard Mark Gergel and W. Allen Nickles, III, of Gergel, Nichols & Solomon, of Columbia, for amicus curiae South Carolina Education Association.


Chief Justice TOAL, Justice WALLER, Justice BEATTY, and Justice KITTREDGE:

We accepted these matters concerning the application for State Fiscal Stabilization (SFS) funds under the American Recovery and Reinvestment Act of 2009 (ARRA)1 in our original jurisdiction. These two cases are brought as the result of a dispute between the Governor of South Carolina and the General Assembly of South Carolina over whether the State should apply...

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