PINCKNEY v. PEELER

Opinion No. 28062.

434 S.C. 272 (2021)

862 S.E.2d 906

Jennifer PINCKNEY, Howard Duvall, and Kay Patterson, Petitioners, v. Harvey PEELER, in his official capacity as President of the South Carolina Senate; and James H. Lucas, in his official capacity as Speaker of the South Carolina House of Representatives, Respondents.

Supreme Court of South Carolina.

Filed September 22, 2021.


Attorney(s) appearing for the Case

Matthew Terry Richardson , Wyche Law Firm, of Columbia; Gerald Malloy , Malloy Law Firm, of Hartsville, both for Petitioners.

Kenneth M. Moffitt and John Potter Hazzard V , both of Columbia, for Respondent Harvey S. Peeler.

James Keith Gilliam , of Greenville; Bradley Scott Wright , of Columbia, both of Burr & Forman LLP, for Respondent James H. Lucas.

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

Robert K. Merting , R. K. Merting, LLC, of Greenville, for Amici Curiae The South Carolina Division Sons of Confederate Veterans, Inc.; Department of Georgia and South Carolina, Sons of Union Veterans of the Civil War; The Washington Light Infantry of Charleston, SC 1807; Palmetto Guard of Charleston; South Carolina Division of the United Daughters of the Confederacy; Sons of Union Veterans of the Civil War; Sons of Confederate Veterans, Inc.; American Heritage Association; and The South Carolina History Preservation Committee, Inc.


Petitioners Jennifer Pinckney, Howard Duvall, and Kay Patterson filed a complaint in this Court seeking a declaration that section 10-1-165 of the South Carolina Code (2011) violates the South Carolina Constitution in three respects. Petitioners also seek an injunction prohibiting enforcement...

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