Trump Swings His Wrecking Ball at Social Security

NEIL H. BUCHANAN

Neil H. Buchanan—UF law professor and economist—dispels some common misunderstandings about the future of Social Security but explains why President Trump’s recent comments are cause for concern. Buchanan explains why, contrary to claims by reporters and politicians, Social Security is not at the brink of insolvency, but points out that if Trump were to permanently eliminate payroll taxes, that would doom the program on which tens of millions of retirees depend.

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Weaver v. Recreation District

Docket: 27991

Opinion Date: September 2, 2020

Judge: Donald W. Beatty

Areas of Law: Civil Procedure, Constitutional Law, Real Estate & Property Law, Tax Law

Appellant Don Weaver brought a declaratory judgment action to challenge the constitutionality of S.C. Code Ann. section 6-11-271 (2004), which addressed the millage levied in certain special purpose districts. Appellant owned property and was a taxpayer in the Recreation District, a special purpose district created to fund the operation and maintenance of parks and other recreational facilities in the unincorporated areas of Richland County, South Carolina. Appellant first argued section 6-11-271 was unconstitutional because it violated the South Carolina Constitution's prohibition on taxation without representation. Appellant next contended section 6-11-271 did not affect all counties equally and was, therefore, special legislation that was prohibited by the South Carolina Constitution. Appellant lastly argued section 6-11-271 was void because it violated Home Rule as set forth in the state constitution and the Home Rule Act. The circuit court found Appellant failed to meet his burden of establishing any constitutional infirmity. To this, the South Carolina Supreme Court concurred and affirmed judgment.

Sanders v. So. Carolina Dept. Motor Veh.

Docket: 27990

Opinion Date: September 2, 2020

Judge: Donald W. Beatty

Areas of Law: Constitutional Law, Criminal Law, Government & Administrative Law

The South Carolina Department of Motor Vehicles (DMV) suspended Bradley Sanders' driver's license pursuant to South Carolina's implied consent statute after he refused to take a blood-alcohol test following his arrest for driving under the influence (DUI). The suspension was upheld by the Office of Motor Vehicles and Hearings (OMVH), the Administrative Law Court (ALC), and the court of appeals. Sanders argued on appeal to the South Carolina Supreme Court that the decision of the court of appeals should have been reversed due to a lack of substantial evidence in the record to support the suspension. Specifically, Sanders argued the court of appeals erred in: (1) determining there was substantial evidence that a nurse, who was working in the emergency room at the time Sanders was admitted, qualified as licensed medical personnel; and (2) holding the statements used to establish his alleged inability to submit to a breath test were not hearsay. Finding no reversible error, the Supreme Court affirmed the suspension.

South Carolina v. Washington

Docket: 27992

Opinion Date: September 2, 2020

Judge: James

Areas of Law: Constitutional Law, Criminal Law

Petitioner Sha'quille Washington was indicted for the murder of Herman Manigault and was convicted of the lesser included offense of voluntary manslaughter. The court of appeals affirmed Petitioner's conviction. The South Carolina Supreme Court granted petitioner's petition for certiorari review of the appellate court's judgment. After such review, the Supreme Court determined the trial court erred in giving an accomplice liability instruction, and held petitioner was prejudiced by this error. Therefore, the Court affirmed in part, vacated in part, and reversed in part, and remanded to the circuit court for a new trial on the charge of voluntary manslaughter.