THE STATE, 26 NOVEMBER 2017, FEAT. PROF. DEREK BLACK:
In 1999, the S.C. Supreme Court issued a monumental decision in Abbeville v. South Carolina. It held that “the South Carolina Constitution’s education clause requires the General Assembly to provide the opportunity for each child to receive a minimally adequate education.” The trial that followed made national headlines. After reviewing the trial record in 2014, the Supreme Court found that the state had “failed in (its) constitutional duty to ensure that students … receive the requisite educational opportunity” and ordered it to remedy its failures.
By a vote of 3-2 this month, the court terminated this landmark case without even bothering to offer a reasoned explanation.
The majority’s driving motivation appears to be the belief that the court should never have been involved in the first place because it lacks authority to require the state to improve our public schools. This very same argument was rejected by the court in 2014. The only difference now: The justices on the court have changed. The majority also pointed to numerous “good faith efforts” by the state to comply with the 2014 order.