R.L. Jordan Co. v. Boardman Petroleum, Inc.

This certified question asks whether S.C.Code Ann. § 39-5-325(A) (Supp.1998) (the “motor fuel pricing statute”) is unconstitutional because it violates the substantive due process guarantees of S.C. Const, art. I, § 3. We decide today to alter our traditional substantive due process analysis in challenges such as this to economic and social welfare legislation, but find ourselves unable to answer the question posed here in light of the procedural posture of the case. Accordingly, we remand rather than answer the question certified to us.

This federal action arises from plaintiff R.L. Jordan…