Supreme Court of South Carolina

Candace Eidson v. SC Dept. of Education

September 11, 2024

Summary

The South Carolina Supreme Court held that the Education Scholarship Trust Fund Act uses public funds to provide a direct benefit to private schools, violating Article XI, Section 4 of the State Constitution, and declared the tuition‑payment provisions unconstitutional while severing the offending subsections. The Court also affirmed that the funds are public funds and granted a partial injunction.