COLUMBIA, S.C. – A South Carolina judge on Tuesday said SC is “not a judicial system.”
Ralph Albright, who was appointed by Gov.
Nikki Haley to the state’s supreme court in April, said SC’s judicial system is based on the principle that “law is the ultimate arbiter.”
“It’s not based on fact, it’s not about the law, it doesn’t even rely on the law.
It’s based on faith,” he said.
“What the Constitution of the United States said is that the ultimate authority to make the laws of the land rests with the states and with the people, not the court,” Albright said.
In recent years, the Supreme Court has upheld the constitutionality of many of the state-funded school prayer bans.
The Supreme Court upheld South Carolina’s ban on prayers in state-run schools in 2013.
Albright said the court’s decision in the 2015 case of Tinker v.
Des Moines School District is “an affirmation that the courts are not, in fact, the final arbiters of the law.”
The judge said his appointment came as a result of the court “reaffirming the supreme court’s longstanding position that the supreme courts are no longer the final enforcer of the constitution.”
“The supreme court has said that, no matter what happens on the state level, the supreme power remains with the citizens of South Carolina,” he added.
The Supreme Judicial Court said in a brief in January that the Constitution requires the courts to make laws.
On Tuesday, Albright also said the state is in a period of “disorder” and “peril.”
In January, he called for a referendum on the issue, but did not get enough support from voters.
He said he will begin a new term in March and will take office when the Supreme Judicial Council takes up his nomination.