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Nearly a quarter century ago, South Carolina voters saw fit to entrust the affairs of state to leaders affiliated with the Republican party. Since 2003, the GOP has controlled the governor’s office and both chambers of the S.C. General Assembly – which is where the real power lies in the Palmetto State.
In the last two election cycles, South Carolina voters have seen fit to give the GOP a numerical supermajority in both the House and the Senate.
How have they responded to that mandate? By ballooning budgets on failed bureaucracies, doling out billions in corporate welfare and preserving anti-competitive climates favored by decidedly left-of-center special interests.
The root problem? “Republicans” don’t govern at the S.C. State House, a uni-party cabal does… in fact, lawmakers who vote in keeping with the stated lower tax, limited government ideals of the GOP find themselves continually targeted by that cabal.
More importantly, they find themselves dismissed and outvoted whenever they try to stand up for the people they represent…
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During last week’s budget debate, I had to remind my colleagues why we’re here—to serve our constituents, not the special interests that have too much influence over elected officials. Judging by their repeated attempts to interrupt me, the truth made some of them uncomfortable. pic.twitter.com/e4UmyGdrNW
— April Cromer (@AprilCromerSC) March 18, 2025
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Now that you know the lay of the land, it’s much easier to make sense of the ongoing battle over lawsuit reform in South Carolina – specifically, efforts by a group of Republican lawmakers to fix the Palmetto State’s chronically unfair, anti-competitive civil “justice” system
Were South Carolina home to an authentic GOP “supermajority,” fixing this system – along with our dangerous criminal-crony complex – would be no issue. It would have been done already this legislative session. Actually, it would have been done years ago… before small businesses got shut down across the state by the thousands.
But alas, here we are…
In South Carolina’s “Republican” supermajority, reformers are having to fight tooth and nail to pass an amended version of comprehensive lawsuit reform – with the state’s über-liberal trial lawyer lobby puppeteering numerous GOP lawmakers.
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I traveled to the S.C. State House this week to personally witness the charade… watching as so-called “Republican” senators like Tom Fernandez, Billy Garrett, Mike Gambrell, Stephen Goldfinch, Carlisle Kennedy, Josh Kimbrell, Matt Leber and Luke Rankin consistently carried water for the trial lawyer lobby, voting with Democrats on key procedural votes related to tort reform.
Kimbrell has shared his thoughts as to why he voted the way he did – and Leber is adamant that he will ultimately support a (modestly) amended version of the comprehensive bill.
Still… reformers are having to pull teeth to get many GOP lawmakers to do the right thing, while numerous other “Republcians” are literally reading trial lawyers’ talking points from the well of the Senate.
Seriously, what gives?
I’ve asked this question many times over the past two decades covering Palmetto politics, but I never thought I’d have to ask it in a chamber which boasted 33 Republican votes: What is the point of a GOP “supermajority?”
If Democrats can block meaningful pro-business, pro-taxpayer reform with just 13 votes… what in the hell are Republicans doing in power?
Kennedy’s obsequious shilling for the trial lawyer lobby was especially egregious as it came literally days after they raised a boatload of money for him…
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Depressing watching “Republican” SC senator @Kennedy4SC shilling for the liberal trial lawyer lobby just DAYS after cashing its checks. Naked political prostitution, people. Self-service like this is why South Carolina NEVER moves forward… pic.twitter.com/zv7uTxxU5R
— FITSNews (@fitsnews) March 18, 2025
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Repeated attempts to contact Kennedy for comment yielded no response.
Obviously, these GOP turncoats are – for the moment – untouchable. None of them are up for reelection until 2028. One of them, Fernandez, has pledged to serve just one term (thankfully).
Despite the obstructionist efforts of these so-called “Republicans,” lawsuit reform supporters – led by S.C. Senate majority leader Shane Massey – have thus far managed to preserve a relatively robust reform bill. Also, their odds of passing this legislation increase exponentially next week when two senators who are expected to endorse the recent compromises – Harvey Peeler and Allen Blackmon – returned to the chamber after excused absences.
Will Massey be able to get his bill across the finish line? And looking longer term, what does the emergence of a Democrat-aligned “status quo caucus” within the Senate supermajority mean for the rest of the conservative agenda moving forward?
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ABOUT THE AUTHOR…
Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.
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5 comments
Ambulance chasers buy politicians on par with Big Pharma.
So you think it’s good that Shane Massey protects the super rich insurance companies with this bill? Either way SC citizens lose as usual.
He’s preventing trucking companies from paying more than their share of damages, which is the most fair way to address joint and several, but it’s not the way the trial lawyers see it. Not sure how encouraging lawsuits and forcing an entity to pay more than their share of liability is protecting rich insurance companies
Will-most people who think they understand the legal system simply do not. That includes you. It’s not easy to even get a case to trial, and juries are not throwing around money. This bill will make compensation less attainable but not reduce the cost of insurance. As for Kennedy, he probably knows how hard it is to get a decent verdict in Lexington County.
Mr. Folks,
Thank you for your support of S.244! I have been involved in commercial motor vehicle claims for over thirty years. I have seen firsthand the unevenness of this state’s civil justice system. It is my belief that trial lawyers run for state office to handpick judges and make sure there are no laws passed that will infringe on their income stream.
States like Georgia and Florida allow a defendant to bring other defendants into a suit if they contributed to the plaintiff’s damages or injuries. That is not the case in SC. The SC plaintiff bar does not want a jury to have the ability to attribute fault to a party that doesn’t have high limits insurance.
They also want to blackboard the gross medicals – not what a health provider would accept. They oppose seatbelt admissibility. They do not want a drunk driver on the jury form – only a restaurant or bar.
After the November election, I was so optimistic that with a super majority of conservative republicans elected to the SC Senate there was a good chance of civil justice reform. Senator Massey should be applauded for his efforts in this fight. It is still my hope and prayer that our senate will do the right thing next week by passing S.244 as written.