[South Carolina] Kenny v. Wilson – U.S. Statement of Interest 

On November 28, 2016, the DOJ filed a Statement of Interest in response to a lawsuit filed in South Carolina, challenging two state statutes as void for vagueness in violation of the Due Process Clause. The lawsuit alleged that the vague language in the statute resulted in the criminalization of common youthful behavior, racial disparities, and subjected students to arbitrary and disproportionate punishment. In its Statement of Interest, the DOJ emphasized that “[p]rotecting children’s developmentally appropriate behavior from being inappropriately, arbitrarily and discriminatory criminalized is an important duty of the Department.” Further, the DOJ cautioned that “[b]oth the Department’s civil rights enforcement experience and scholarly research have demonstrated that when law or policy is unclear, the implicit or explicit bias of decision-makers can lead to discriminatory enforcement.”