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RICHLAND COUNTY SCHOOL DIST. 2 v. LUCAS

Opinion No. 28063.

434 S.C. 299 (2021)

862 S.E.2d 920

RICHLAND COUNTY SCHOOL DISTRICT 2 and Malika Stokes, in her individual capacity and on behalf of her children "J.S., J.S., and J.C.", Petitioners, v. James H. "Jay" LUCAS, Speaker of the South Carolina House of Representatives; Harvey S. Peeler Jr., President of the South Carolina Senate; Molly Spearman, Superintendent of Education, Respondents.

Supreme Court of South Carolina.

Filed September 30, 2021.

Attorney(s) appearing for the Case

Carl L. Solomon , of Solomon Law Group, LLC, of Columbia, and Skyler B. Hutto , of Williams & Williams, of Orangeburg, for Petitioner Richland County School District 2.

W. Allen Nickles III , of Nickles Law Firm, LLC, of Columbia, for Petitioner Malika Stokes.

Susan P. McWilliams , Michael A. Parente , and Emily R. Wayne , all of Nexsen Pruet, LLC, of Columbia, for Respondent James H. "Jay" Lucas.

Kenneth M. Moffitt , Sara S. Parrish , and John P. Hazzard V , all of Columbia, for Respondent Harvey S. Peeler Jr.

Cathy L. Hazelwood and V. Henry Gunter Jr. , both of Columbia, for Respondent Molly Spearman.

Attorney General Alan McCrory Wilson , Solicitor General Robert D. Cook , and Deputy Solicitor General J. Emory Smith Jr. , all of Columbia, for Amicus Curiae the Attorney General.

We granted Petitioners' request to hear this declaratory judgment action in our original jurisdiction. Petitioners ask this Court to declare that Provisos 1.108 and 1.103 of the 2021-2022 Appropriations Act1 are invalid. We hold the provisos are constitutional, and we reject the remaining challenges to the validity...

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