The South Carolina Supreme Court heard arguments Tuesday in a challenge to Gov. Henry McMaster’s authority under state law to send South Carolina National Guard troops to Washington, D.C. The court convened at Clemson University for a two-day session, its first proceedings there, according to the official Clemson court schedule and Greenville News.
The legal challenge
The case, South Carolina Public Interest Foundation and James Weninger v. Henry McMaster and Maj. Gen. Robin B. Stilwell, pits the public-interest organization and Weninger, a Navy veteran, against the governor and the adjutant general. The plaintiffs contend that McMaster exceeded the authority granted by South Carolina law when he authorized the Washington deployments, according to WJBF and the court’s case summary.
The plaintiffs’ attorneys also invoked Article I, Section 20 of the South Carolina Constitution, which says armies are dangerous to liberty and should not be maintained without the General Assembly’s consent, according to Democracy Forward. Allen Chaney, the ACLU of South Carolina’s legal director, argued for the plaintiffs that the constitutional provision and state law limit the governor’s power to order such a deployment, as reported by Greenville News and The Post and Courier.
The competing positions
The justices considered two related issues: how much discretion state law gives the governor over Guard deployments and whether the courts can review that decision. Justice John Kittredge questioned whether McMaster may decide when a deployment is warranted. Allen Chaney, representing the plaintiffs, argued that the statute imposes limits, while Grayson Lambert, representing the governor, said McMaster’s role as commander in chief of South Carolina’s military authorizes him to deploy the Guard, according to Greenville News.
The dispute concerns deployments made in response to a request from the Pentagon’s National Guard Bureau. The governor’s office said the mission was conducted under Title 32 of the U.S. Code and was federally funded, according to the South Carolina governor’s office.
Deployment timeline and next step
About 200 South Carolina Guard troops went to Washington in August 2025, followed by 300 more in December. South Carolina maintained a continuing presence around areas including the National Mall, according to The Post and Courier. Louisiana, Mississippi and Tennessee also sent Guard units to Washington during 2025, Greenville News reported.
The Guard’s emergency role
South Carolina has also used the Guard for in-state disaster response. During Hurricane Helene recovery operations, it activated more than 1,200 Soldiers and Airmen, along with more than 200 vehicles and aircraft, for missions in 18 counties, according to the South Carolina Emergency Management Division. The agency’s account does not specify whether those recovery missions were conducted under state or federal status.
Senate President Thomas C. Alexander and House Speaker G. Murrell Smith Jr. filed a brief supporting McMaster’s authority, according to the court’s case roster. The justices heard about an hour of arguments and had not ruled on the legality of the deployments, according to Greenville News.
