South Carolina lawyers and former judges are speaking out in opposition to government policies attacking the rule of law by denying due process and interfering with the right to counsel.
In an open letter dated April 24, 2025, more than 230 signatories argue that the federal government’s removal of individuals from the United States to a foreign prison without an opportunity to contest the action in court is a threat to the country’s most basic freedoms. Further, it argues, executive orders retaliating against law firms for representing clients disfavored by the government are designed to undermine the integrity of the legal system.
Signers include former SC Supreme Court Justice John H. Waller, Jr. and retired SC circuit judges Gary E. Clary, Brooks P. Goldsmith, Reginald Lloyd, and Charles W. Whetstone, Jr. The full list of signatories is available with the letter at www.sclawyersforlaw.com.
In the case of Kilmar Abrego Garcia, the government conceded Garcia was erroneously removed to an El Salvadoran prison in violation of an immigration judge’s order, but the government has failed to return Garcia to the United States even though the U.S. Supreme Court has ordered his return. Similarly, federal judges in the District of Columbia and Massachusetts have found that the government violated orders and removed more than 260 individuals without due process to foreign countries that are not their country of origin. Last week, federal courts ruled against the government on cases involving removals to Mexico and South Sudan.
“We reject the proposition that our government can defy the courts and refuse to correct its errors by citing the extraterritorial status of the person unlawfully removed[,]” the letter argues. “If the government’s actions stand, it is only a matter of time before it uses rendition tactics to remove U.S. citizens to a foreign prison.”
The letter was initially circulated amongst lawyers via email before the website launched last week. Letter organizers say the goal of the project is to (1) remind South Carolina lawyers of their oaths to defend the Constitution and (2) educate the public about the ongoing threat to the rule of law.
In a May 5, 2025, PBS News/NPR/Marist poll, 85 percent of Americans said they strongly or somewhat agree that the president should obey federal court rulings even if the president doesn’t like the ruling.
