Baddourah v. McMaster

Summary

The court held that the circuit court had subject matter jurisdiction to decide constitutional questions concerning the Governor's suspension authority, although it ultimately upheld dismissal of the challenge. A city council member is not a member of the constitutional Legislative Branch, and the courts—not the Governor—must determine whether an offense qualifies as a crime involving moral turpitude. Applying South Carolina's framework to the indictment's allegation of striking a spouse with a car door in a manner likely to cause moderate bodily injury, the court held that the charge qualified and that the Governor had constitutional authority to suspend Baddourah.