Google is seeking documents related to South Carolina’s digital advertising activities as part of its defense strategy in the Texas case. However, the state agency argues that it should be protected from the subpoena due to sovereign immunity.
SC Google Subpoena rejection : Lower Court Decisions
The subpoena battle began when a federal court in South Carolina denied the agency’s motion to quash the subpoena in July of last year. The court ruled that by joining the ad tech lawsuit, South Carolina effectively waived the Parks Department’s immunity. The judge highlighted that South Carolina and other plaintiff states had previously directed Google to request documents from state agencies directly, as those agencies possess control over the relevant information.
A unanimous panel from the Fourth Circuit affirmed this ruling in June and subsequently denied a rehearing request in July, despite the agency’s argument that the case presents significant questions about the limits of 11th Amendment immunity.
Arguments and High Court Appeal
In its petition to the Supreme Court, the South Carolina agency argued that the Fourth Circuit improperly assumed that all state officials act in unison when waiving immunity. The agency contended that this is the first time a court has applied such a broad interpretation of sovereign immunity waivers.
