Baddourah v. Baddourah
Annotate this CaseSouth Carolina Governor Henry McMaster issued an order suspending Mohsen Baddourah from his position as a member of the Columbia City Council after Baddourah was indicted for second-degree domestic violence. Baddourah initiated this declaratory judgment action seeking a determination that: (1) he was a member of the Legislative Branch and was, therefore, excepted from the Governor's suspension power under the South Carolina Constitution; and (2) second-degree domestic violence was not a crime involving moral turpitude, so it was not an act that was within the scope of the Governor's suspension power. The circuit court dismissed Baddourah's complaint on the ground the court lacked subject matter jurisdiction and, alternatively, for failure to state a cause of action. The South Carolina Supreme Court concluded Baddourah's indictment charged a crime involving moral turpitude, and the Governor had the constitutional authority to issue the Executive Order suspending Baddourah from his position as a member of the Columbia City Council. Although Baddourah disputed whether the suspension was warranted, "where the Governor was constitutionally authorized to impose a suspension, the decision whether to do so is a matter committed to the Governor's discretion after considering all of the attendant circumstances." Consequently, the circuit court's order dismissing Baddourah's challenge to the suspension order is affirmed as modified.
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