The Supreme Court of South Carolina

Karen W., Edward M., Richard S., Susan E., Rob L., Peter B., Ann J., Corrie D. and Robyn P., Petitioners,

v.

Marshall C. Sanford, Individually and in his Official Capacity as the Governor of South Carolina and Member of the South Carolina Budget and Control Board; Converse A. Chellis, III and Richard Eckstrom, individually and in their Official Capacities as Members of the South Carolina Budget and Control Board; Daniel Cooper and Hugh Leatherman, in their Official Capacities as Members of the South Carolina Budget and Control Board, Emma Forkner, Individually and in her Official Capacity as the Director of the South Carolina Department of Health and Human Services; Kelly Hansen Floyd, Individually and in her Official Capacity as the Chairman of the South Carolina Department of Disabilities and Special Needs; W. Robert Harrell, Individually and in his Official Capacity as former Chairman and current Commissioner of the South Carolina Department of Disabilities and Special Needs; Otis Speight, Richard Huntress, Susan Lait, Deborah McPherson and Nancy Banov, in their Official Capacities as Commissioners of the South Carolina Department of Disabilities and Special Needs; and Thomas Waring, Individually and in his Official Capacity as Budget Analyst for the South Carolina Department of Disabilities and Special Needs; and David Goodell, Individually and in his Official Capacity as Associate State Director of South Carolina Department of Disabilities and Special Needs, Respondents.

ORDER

On December 23, 2009, petitioners filed a petition for original jurisdiction seeking a declaratory judgment, a writ of mandamus, and an injunction.  On December 30, 2009, petitioners filed a motion for an emergency preliminary injunction.  In this motion, petitioners seek an order prohibiting the South Carolina Department of Disabilities and Special Needs from reducing or termimating any benefits being received by petitioners on January 1, 2010; requiring the Department of Disabilities and Special Needs to restore its services to July 1, 2008, levels; and requiring the Department of Disabilities and Special Needs to pay for such services from funds contained within the Health Care Annualization and Maintenance of Effort Fund.

Petitioners' motion for an emergency preliminary injunction is denied.  Any respondents wishing to file returns to the December 23, 2009, petition for original jurisdiction shall serve and file returns by January 12, 2010, in accordance with Rule 245(c), SCACR. 

IT IS SO ORDERED. 

Columbia, South Carolina
December 31, 2009