Organizational challenge will go to hearing within 10 business days
The Constitutional Council has unanimously decided that third-year international business and global supply chain management student Josh Snead’s organizational challenge against Student Government has standing and that a hearing will proceed within 10 business days.
The council announced Wednesday night that Snead, on behalf of the South Carolina eSports Club, “presented adequate evidence to demonstrate that a constitutional right may have been violated” by SG’s failure to assemble and operate a house of delegates as defined in its constitutional codes. This does not mean that the council has determined a violation of constitutional rights, said Chief Justice Donnie Iorio.
“We’re saying he has presented a valid argument that the executive branch should uphold the constitution,” Iorio said.
Shortly after reading the decision Wednesday night, Snead was pleased.
“Although, I’m not surprised,” he said. “Our standing is pretty straightforward.”
While Snead is now preparing for the upcoming hearing, he still maintains he will drop the case if Student Body President Chase Mizzell and SG formally state they will enact section 700 of the constitutional codes, which define and establish the house of delegates, in its entirety. Snead will have the opportunity to further state that pledge in a meeting with Mizzell this week.
“We’re not specifically discussing the challenge, but we’re discussing how we can come together to benefit the student body,” Snead said. “I hope that after that discussion, we’ll be able to say we’re all on the same side of benefiting the student body, but we’ll have to see what they decide to do.”
Mizzell echoed that sentiment, though he would not say whether he would accept Snead’s pledge.
“We want to make clear that we are committed to creating this body, regardless of an organizational challenge,” Mizzell said.
The council also said Attorney General Devon Thurman’s argument of ripeness — that the case was not ready to argue because Mizzell had already begun the work to assemble the house of delegates — was irrelevant, as it is not codified in SG’s judicial codes, only in American judicial codes.
A date for the hearing will be set by the end of the week.