Legal Opinion · Dissent

Board of Trustees v. State

Supreme Court of South Carolina

Decided August 29, 2011No. 27035Published

1DissentChief Justice Toal

Respectfully, I dissent. In my opinion, the General Assembly effectively overrode the gubernatorial veto of Act 308. Accordingly, I would reach the merits of the Board’s second constitutional challenge and find Act 308 is constitutional special legislation.

*286I. The Yeto Override

I agree with the majority’s acknowledgement that “absent a constitutional mandate providing otherwise, each house in the General Assembly determines its rules of procedure free from interference with judicial and executive branches.” However, I disagree with the majority’s determination that our constitution provides…

2Cases cited15 opinions

  1. United States v. BallinSupreme Court of the United States · 1892
  2. McCall v. BatsonSupreme Court of South Carolina · 1985
  3. Moseley v. WelchSupreme Court of South Carolina · 1946
  4. Sirrine v. StateSupreme Court of South Carolina · 1925
  5. McElveen v. StokesSupreme Court of South Carolina · 1962

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