COLUMBIA, S.C. — Gov. Henry McMaster says he no longer wants lawmakers getting all the say over who can be a judge in South Carolina.
In his State of the State address, an annual speech outlining the governor’s priorities, McMaster told lawmakers Wednesday he wants say in judicial appointments, with Senate approval.
The practice works on the federal level, McMaster told lawmakers, a similar sentiment he shared in his inaugural address when he called for more “transparency” over how judicial candidates in the state are selected.
“Gubernatorial appointment of all judges, with the advice and consent of the state Senate, requires no ‘re-invention of the wheel,’ will inspire the confidence of our people, and will encourage more excellent attorneys to seek public service,” McMaster said.
McMaster and State House Republicans have targeted the courts and judges in response to the S.C. Supreme Court’s 3-2 decision that struck down the state’s six-week abortion ban.
Earlier this month, the state’s high court ruled the ban violated a state constitutional right to privacy. The law, passed in 2021 but temporarily blocked for months, took effect shortly after the U.S. Supreme Court’s Dobbs decision, which struck down Roe v. Wade.
McMaster said Wednesday he plans with other state officials to petition the court for a rehearing next week.
“When I signed the ‘Heartbeat Act’ into law, I was confident that it was constitutional. I still am,” McMaster said in his more than 6,000-word address. “I remain optimistic that we will prevail in our historic fight to protect and defend the right to, and the sanctity of, life.”
In response to the court’s ruling, lawmakers have called for a reexamine of the high court and the judicial vetting process — which they are over. South Carolina is one of only two states where lawmakers, not the voters, elect judges.
Next month, the Legislature will decide on Justice Kaye Hearn’s replacement to the state Supreme Court. Of the three original candidates, two women withdrew their candidacy, leaving one man, Judge Gary Hill, the likely winner. It will be the first time in more than three decades the state Supreme Court won’t have a woman on the bench.
“Respectfully, the court’s (abortion) decision is at odds with the law and the facts, and the lead opinion’s results-oriented reasoning threatens to disrupt our constitutional separation of powers,” McMaster said.
Continuing the theme, McMaster also criticized lawyer-legislators who sue state agencies and other elected officials.
A few years ago, state Sen. Dick Harpootlian, a Richland County Democrat and an attorney, sued the state Department of Commerce, demanding information about incentives the agency offers to companies locating in the state.
“In addition, I suggest that it’s time for members of the General Assembly who are attorneys — to stop suing the bodies in which they serve, stop suing state agencies in plaintiff actions, and stop suing elected officials,” McMaster said. “This is absurd. It diminishes the public’s confidence not only in the lawyer legislators but the rest of state government as well.”
McMaster pushes for more economic investment, again
McMaster hit remarks similar to his inaugural address early this month.
In his speech Wednesday, McMaster touted the more than $10 billion of economic development investment announced last year, largely due to the growing electric car industry as automakers around the country shift to making more electric vehicles.
“State government is in superior fiscal shape,” McMaster said Wednesday.
He again called for an acceleration of the state’s planned income tax cut should economic projections allow. Last year, the state lowered its highest income tax rate from 7% to 6.5%, with plans to lower it to 6% over five years, if enough money is available
“Should an increase in future revenues allow, I ask the General Assembly to use additional funds to speed up the income tax cut schedule, so taxpayers can keep even more of their hard-earned money,” he said.
Additional investments are needed, the governor said.
McMaster called for $850 million to speed up completion of road projects to relieve traffic congestion on highways and interstates, repave local roads and repair more than 400 bridges in the state.
“There is no infrastructure more in need of big, bold, and continued investment than our state’s roads, bridges, highways, and interstates. Our successes are outrunning our infrastructure,” McMaster said.
Raise teacher pay, put more money in mental health, McMaster says
McMaster again called for a teacher raise.
In his budget proposal, McMaster wants a $2,500 raise for teachers, and enough money to bring the state starting pay to $42,500 and a $2,500 retention bonus for those who stay in their school districts for the year.
He has a goal of having a starting teacher salary of $50,000 by 2026, which would be his last year in office.
“We must do more,” McMaster said. “New teaching positions are being created every year at new schools constructed to keep up with our growing population.”
McMaster also called for $45 million to go to the state Department of Mental Health to recruit and retain mental health professionals, provide inpatient services and increase access to crisis services, such as suicide prevention hotlines.
“It’s clear that a mental health crisis exists in South Carolina following the COVID-19 pandemic, especially among our young people,” McMaster said. “Many are still struggling with the effects of disruptions, virtual instruction, isolation, and constant changes to normal routines.”
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