BRANNON v. McMASTER

Opinion No. 28065.

434 S.C. 386 (2021)

864 S.E.2d 548

Sheena BRANNON, Shane Stencil, Tina Sullivan, and Brandon Beaty, Appellants, v. Henry Dargan MCMASTER, in his official capacity as Governor of the State of South Carolina, and G. Daniel Ellzey, in his official capacity as the Director of the South Carolina Department of Employment and Workforce, Respondents.

Supreme Court of South Carolina.

Filed October 13, 2021.


Attorney(s) appearing for the Case

Adam Protheroe and Susan B. Berkowitz , of South Carolina Appleseed Legal Justice Center; and John D. Kassel , of Kassel McVey, all of Columbia, for Appellants.

Rebecca Laffitte , Robert E. Tyson, Jr. , and Vordman Carlisle Traywick, III , of Robinson Gray Stepp & Laffitte, LLC, all of Columbia, for Respondents Henry Dargan McMaster and G. Daniel Ellzey; Todd Timmons and Steven Jordan Jr. , all of Columbia, for Respondent G. Daniel Ellzey; and Michael G. Shedd , Thomas A. Limehouse, Jr. , and William Grayson Lambert, all of Columbia, for Respondent Henry Dargan McMaster.

Jack E. Cohoon , of Burnette Shutt & McDaniel, P.A., of Columbia, for amici curiae South Carolina Small Business Chamber of Commerce, American Sustainable Business Council, Shriver Center on Poverty Law, National Employment Law Project, Economic Policy Institute, and William E. Spriggs.

Christopher E. Mills , of Spero Law, LLC, of Charleston, for amici curiae South Carolina Chamber of Commerce, South Carolina Restaurant and Lodging Association, Chamber of Commerce of the United States of America, and National Federation of Independent Business Small Business Legal Center.


Respondent Governor Henry McMaster instructed Respondent G. Daniel Ellzey, Director of the South Carolina Department of Employment and Workforce (DEW), to end South Carolina's participation in federal unemployment insurance programs created under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.1 Appellants...

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