A panel of federal judges ruled that the federal government must pay South Carolina's legal fees in a voter ID case. The law was signed by Republican Gov. Nikki Haley (AP Photo/Susan Walsh, File).
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The same three D.C.-based federal judges who ruled in October that South Carolina could not implement the law in 2012 said in a court order that because the state successfully argued it could begin implementing the law in 2013, it "is the prevailing party" in the case. Justice Department lawyers had previously argued that "neither party fully 'prevailed' in this complex case" and said each party should bear its own costs and expenses.
"To be sure, South Carolina did not obtain everything it sought. But the prevailing party test does not demand complete success," the court ruled on Friday. "South Carolina has undoubtedly achieved some of the benefit it sought: it obtained preclearance of Act R54 for elections in 2013 and subsequent years."
South Carolina spent an estimated $3.5 million on the lawsuit, which was filed after the Justice Department objected to the voter ID law in Dec. 2011.
The federal government will have to pay a small portion of that figure under the court order. The state had requested $90,379.59 in reimbursement from DOJ in October, but the court ruled that it wasn't entitled to the whole amount and requested the state submit an updated bill removing certain fees by Jan. 11.
A Justice Department spokeswoman declined to comment on the decision.
Of the total amount South Carolina spent on the lawsuit, $3.4 million went to Bancroft, LLC, the law firm of former Solicitor General Paul D. Clement, The State newspaper reported. Former Justice Department attorney Chris Coates received $147,578.78, and $10,880 went to South Carolina attorney Butch Bowers, according to the paper.
Source: Black Voices | Ryan J. Reilly