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HAMPTON v. HALEY

No. 27244.

403 S.C. 395 (2013)

743 S.E.2d 258

Bernadette R. HAMPTON, Jackie B. Hicks and Carlton B. Washington, Petitioner, v. The Honorable Nikki HALEY, in her official capacity as Governor of South Carolina, The Honorable Richard Eckstrom, in his official capacity as Comptroller General for the State of South Carolina, The Honorable Curtis Loftis, in his official capacity as Treasurer of the State of South Carolina, and The South Carolina Budget and Control Board, Respondents.

Supreme Court of South Carolina.

Refiled May 8, 2013.

Attorney(s) appearing for the Case

W. Allen Nickles, III , of Nickles Law Firm, LLC, of Columbia, for Petitioners.

C. Mitchell Brown , William C. Wood, Jr. , and Michael J. Anzelmo , of Nelson, Mullins, Riley, & Scarborough, LLP, of Columbia, for Respondents.

John S. Nichols , of Bluestein, Nichols, Thompson and Delgado, of Columbia, for Amicus Curiae, State Retirees Association of South Carolina.

Justice HEARN:

At its most basic level, this case presents a policy dispute: whose policy choice concerning health insurance premiums for State employees controls — the General Assembly's or the Budget and Control Board's? While policy decisions are matters left to the political branches, this Court is tasked with maintaining and enforcing the constitutional and statutory framework through which such issues must be resolved. We find that under the South Carolina...

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