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SC Freedom Caucus files lawsuit to gain recognition as full legislative caucus


Members of South Carolina's Freedom Caucus, a group of the General Assembly's most conservative members, held a press conference in the State House lobby on Feb. 28, 2023 announcing a lawsuit against the House Ethics Committee
Members of South Carolina's Freedom Caucus, a group of the General Assembly's most conservative members, held a press conference in the State House lobby on Feb. 28, 2023 announcing a lawsuit against the House Ethics Committee
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The South Carolina Freedom Caucus has filed a lawsuit against the House Ethics Commission.

The group wants to be recognized as a full legislative caucus. The lawsuit has been filed in federal court and lists all members of the House Ethics Committee as defendants.

Members say the caucus is classified as a “special legislative interest caucus” and specifically forbids it from raising money and “engag[ing] in any activity that would influence the outcome of an election or ballot measure.”

"South Carolina law prohibits the Freedom Caucus from enjoying the same privileges as other caucuses. Caucuses formed on the basis of political party, race, and gender can engage in core political speech, raise money, and influence the outcome of an election. Caucuses formed on the basis of conservative ideology cannot," said SCFC Chairman Adam Morgan. "That violates the First Amendment."

The caucus formed after the members were kicked out of the House Republican Caucus in January after refusing to sign what they call a ‘loyalty pledge’.

“Our loyalties are to the Constitution and our constituents,” the Freedom Caucus said at the time. “We didn’t get sent to Columbia to join an incumbent protection racket. We were sent here to fight for conservative policy.”

The Freedom Caucus is being represented by America First Legal (AFL), an organization lead by former Trump Administration Senior Advisor Stephen Miller. It’s hoping the outcome will show that their designation as a “special legislative interest caucus” violates the Constitution. The group wants an injunction requiring the state to treat legislative special interest caucuses the same as other legislative caucus committees.

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