A judge has dismissed the state of South Carolina from a lawsuit against Gov. Henry McMaster.

Judge Edgar Dickson in July granted a temporary restraining order to stop the private school funding.

He ruled Aug. 3 that including the state of South Carolina in the lawsuit is too vague.

Dr. Tomasena Adams of Orangeburg sued Gov. McMaster and the Palmetto Promise Institute over $32 million in federal relief funding.

South Carolina was awarded $48 million under the Corona virus Aid, Relief, and Economic Security (CARES) Act.

Gov. McMaster announced 66% of the money would be in Safe Access to Flexible Education (SAFE) grants.

The 1-time, needs-based grants of up to $6,500 would subsidize the 2020-21 tuition for eligible students at private, parochial or independent schools
Dr. Adams' attorney claimed the governor violated the state constitution that public funds should not be used for private institutions.

In this case, the state has no collective responsibilities for the SAFE grant program, Judge Dickson ruled.

"To enjoin the award of the grants requires that a person be named who has authority over those awards who can be directed to do or not do something.

"The State, as an entity, is not such a person. Accordingly, it must be dismissed as a party to this case."

The judge gave 10 days for the parties to continue filing supporting documents, WLTX News reported.

Adam's attorney says they plan to file a petition to the SC Supreme Court.