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Important news from the Diocese of South Carolina
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May 8, 2018

Dear Friends,

Yesterday, The Episcopal Church and its local diocese filed a Brief in Opposition with the U.S. Supreme Court.  In it they present their arguments for why the Court should not grant our petition for review of the ruling by the South Carolina Supreme Court.
 
Their primary arguments can be distilled down to:
  1. The South Carolina Court reached its verdict by only applying state law, providing no grounds for SCOTUS to review a case lacking Federal issues.
  2. The Jones v. Wolf decision does not require the use of neutral principles of law, but only allows it.  State courts may use “deference” to hierarchy if they choose (and the suggestion is made the Court should consider return to that standard for all cases).
  3. The South Carolina Court ruling is so “fractured” that it renders the “facts” of the case uncertain and results in a poor choice for SCOTUS to take for review and clarification of precedent.
Most of us reading this brief can identify questionable arguments and factual problems.  Legal counsel’s general assessment is that this brief is weak and that its argument about jurisdiction meritless.  Its assertion that the South Carolina Court used neutral principles of law carefully avoids all mention of theAll Saintscase, and its opposite results.  While actually acknowledging there is a split among cases nationwide (the rationale for review) it makes the argument that this doesn’t matter, because the South Carolina court applied strict neutral principles.
 
The two main facts to be aware of going forward are that;
  1.  We will be filing a brief in response to theirs, and…
  2. We expect to be scheduled for discussion by SCOTUS fairly quickly.
 
Please continue to keep this process and the labor of our legal counsel in your prayers.

 
Easter blessings,


Canon Jim Lewis' signature
 
 
The Rev. Canon Jim Lewis
The Diocese of South Carolina
126 Coming Street
Charleston, SC  29413
(843) 722-4075
Copyright © 2018 The Anglican Diocese of South Carolina, All rights reserved.


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