Pinckney v. Peeler
Annotate this CasePetitioners Jennifer Pinckney, Howard Duvall, and Kay Patterson challenged the constitutionality of section 10-1-165 of the South Carolina Code (2011). Petitioners also sought an injunction prohibiting enforcement of section 10- 1-165. The South Carolina Supreme Court granted the petition to hear the case in its original jurisdiction and found unconstitutional the procedural provision in subsection 10-1-165(B) purporting to restrict the General Assembly's legislative power by imposing a supermajority voting requirement to amend or repeal section 10-1-165. The Court found no constitutional violation in the substantive provisions in subsection 10-1-165(A) preventing the relocation, removal, renaming, or rededication of monuments, memorials, streets, bridges, parks, or other structures. The Court denied petitioners' request for an injunction.
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