Madam Chief Justice by W. Lewis Burke Joan P. Assey

Author:W. Lewis Burke, Joan P. Assey [W. Lewis Burke, Joan P. Assey]
Language: eng
Format: epub
ISBN: 9781611176933
Barnesnoble:
Publisher: University of South Carolina Press
Published: 2015-12-22T00:00:00+00:00

NOTES

1. Jean Hoefer Toal was elected an associate justice of the South Carolina Supreme Court on March 17, 1988, and was elected chief justice on March 23, 2000.

2. For a definitive history of gambling in South Carolina, see R. Randall Bridwell and Frank I. Quinn, “From Mad Joy to Misfortune: The Merger of Law and Politics in the World of Gambling,” 72 Miss. L.J. 565 (Winter 2002); Johnson v. Collins Entm’t Co., Inc., 88 F. Supp. 2d 499, 502 (D.S.C. 1999), vacated by 199 F.3d 710 (4th Cir. 1999).

3. Viveca Novak, “They Call It Video Crack,” Time, June 1, 1998.

4. The budget proviso was codified at S.C. Code Ann. § 12-21-2710 (Supp. 1998).

5. Johnson, 88 F. Supp. 2d at 502.

6. 403 S.E.2d 660 (S.C. 1991).

7. Id. at 274 n. 2.

8. 426 S.E.2d 760 (S.C. 1993).

9. S.C. Code Ann. § 32-1-10 (Supp. 1990).

10. Berkebile, 426 S.E.2d at 763.

11. S.C. Code Ann. § 12-21-2804 (A) (Supp. 1998).

12. Bridwell, supra note 2, at 580–81.

13. No. 6: 93-1491 (D.S.C. November 15, 1993).

14. 478 S.E.2d 272 (S.C. 1996).

15. Id. at 275.

16. Bridwell, supra note 2, at 583.

17. David Plotz, “Busted Flush,” Harper’s Magazine, August 1999.

18. Johnson v. Collins Entm’t Co., Inc., 508 S.E.2d 575 (S.C. 1998).

19. Id. at 588–90.

20. Johnson v. Collins Entm’t Co., Inc., 88 F. Supp. 2d 499, 518–19, 523–25 (D.S.C. 1999), vacated by 199 F.3d 710 (4th Cir. 1999).

21. Act 125, 1999 S.C. Acts; Bridwell, supra note 2, at 597–98.

22. 522 S.E.2d 137 (S.C. 1999).

23. The Fourth Circuit reversed Judge Anderson’s decision in Johnson, finding that he should have abstained from interpreting state law questions relating to gambling. Johnson v. Collins Entm’t Co., Inc., 199 F.3d 710 (4th Cir. 1999). An effort to reverse the panel’s decision en banc failed with a four-to-four tie and South Carolina’s three judges on the Fourth Circuit all abstaining from the decision. Judge Motz wrote a vigorous dissent to the denial of en banc review, finding that it was mystifying to her how the defendants could remove the case to federal court and then assert abstention claims. 204 F.3d 573, 577–80 (4th Cir. 2000). Judge Anderson subsequently certified the state law questions to the South Carolina Supreme Court, which agreed with all his state law interpretations in a decision authored by Chief Justice Toal. The chief justice also stated in the order that Judge Anderson had been correct in his earlier decision not to certify these issues to the South Carolina Supreme Court, which was a clear rejoinder to the decision by the Fourth Circuit. Johnson v. Collins Entm’t Co., Inc., 564 S.E.2d 653 (S.C. 2002).

24. State (Columbia, S.C.), August 21, 1999, State (Columbia, S.C.), September 26, 1999.

25. 528 S.E.2d 647 (S.C. 1999).

26. State (Columbia, S.C.), October 15, 1999.

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