Adams v. McMasterAnnotate this Case
The issue presented in this declaratory action before the South Carolina Supreme Court in its original jurisdiction was a challenge to the constitutionality of Governor Henry McMaster's allocation of $32 million in federal emergency education funding for the creation of the Safe Access to Flexible Education ("SAFE") Grants Program. Petitioners contended the program violated South Carolina's constitutional mandate prohibiting public funding of private schools. The Supreme Court held the Governor's decision constituted the use of public funds for the direct benefit of private educational institutions within the meaning of, and prohibited by, Article XI, Section 4 of the South Carolina Constitution. "Even in the midst of a pandemic, our State Constitution remains a constant, and the current circumstances cannot dictate our decision. Rather, no matter the circumstances, the Court has a responsibility to uphold the Constitution."