How South Carolina Ended Up With an All-Male Supreme Court

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After the state supreme court struck down an abortion ban, legislators chose a man to replace its only female justice.

Only two women have ever served on the state’s Supreme Court.All three judges who vied for the seat are highly regarded in legal circles across the state. Among them, Judge Aphrodite Konduros brought the most experience.

A key gatekeeper in the process is the state’s Judicial Merit Selection Commission, a group comprising mostly legislators who screen candidates and choose up to three they deem qualified for each open seat. The entire General Assembly then votes on them. Hill, who can trace his family lineage in South Carolina back at least to the 1850s, also clerked for former 4th Circuit Court of Appeals Judge William Wilkins, an esteemed figure in the state’s judicial circles. After clerking, Hill went on to join his father’s law firm, and they later opened a firm together.

McDonald, meanwhile, had practiced law with Republican Sen. Sandy Senn, who opposes the strictest abortion bans, creating the perception she might be like-minded, several lawmakers said. McDonald came across as “completely capable,” he said. Konduros did as well, although Leber said she came across as a bit more “aggressive” and “abrasive.” That wasn’t a deal breaker for him, he said, but given all three candidates were impressive, “every little thing counts.”

“That would be like me running for Senate, and then on the day of the election I pull out 15 minutes before the polls open,” said Sen. Senn, the Republican who practiced law with Judge McDonald until a decade ago.— nor can lawmakers give them — until the Judicial Merit Selection Commission issues its final report regarding judges’ qualifications. It released that report on Jan. 17 at noon.

“You could not have run around the House floor fast enough” to solicit votes before the two bowed out, Teague said.

 

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