Duncan, SC Republican Delegation File Court Brief Supporting School Choice

Staff Report

Wednesday, August 26th, 2020

Congressman Jeff Duncan (SC-03), along with the South Carolina Republican delegation, filed an amicus brief to the South Carolina Supreme Court in support of Governor Henry McMaster’s usage of the Governor’s Emergency Education Relief (GEER) fund.

“During these unprecedented times, I’m proud Governor McMaster used the funds passed by Congress in the CARES Act to ensure students across South Carolina can access the education that is right for them and their families. The Governor’s actions are undeniably within the scope of congressional intent, and his plan will help thousands of students statewide get the type of education for their individual needs. The activists trying to block this plan only hurt the students that need these opportunities the most. I am confident commonsense will prevail in the court and that thousands of South Carolina students will have access to the education of their choice.”

Listen to Congressman Duncan discuss this issue on Jay Sekulow Live HERE.

Background:

  • The South Carolina Republican delegation filed an amicus brief to the South Carolina Supreme Court with the American Center for Law and Justice (ACLJ).

  • The GEER fund was included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act passed by Congress and signed into law by President Donald Trump.

  • Unfortunately, an Orangeburg County circuit court judge signed a temporary order in July preventing these funds from helping low-income students during these unprecedented times.

  • The brief supports the work by Governor McMaster and confirms his usage of the GEER fund falls within the scope of what Congress intended.

  • Oral arguments for the case are scheduled at the South Carolina Supreme Court on September 18, 2020.