U.S. District Judge Richard Gergel will preside over the U.S. v. South Carolina case on December 19, 2011 at 10:00 a.m. in the South Carolina Federal District Court for Charleston. Dean Andy Abrams recently alerted Charleston School of Law faculty and students via email that Judge Gergel invited and encouraged them to attend.
In June of 2011, Governor Nikki Haley signed into law the South Carolina Immigration Reform Act, A. 69 of 2011, which requires immigrants to carry a certificate of alien registration, making failure to do so a criminal offense. The law is scheduled to become effective January 1, 2012 but the Department of Justice intervened, filing a complaint on October 31st and requesting declarative and injunctive relief. The Department of Justice argues that Act 69 is preempted by federal immigration law and thus violates the U. S. Constitution’s Supremacy Clause.
The case is scheduled for hearing on Monday, December 19th, at 10:00 a.m. before Judge Gergel at the Federal District Court in Charleston which is located at the Hollings Judicial Center at 83 Meeting St.