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Mace Federal Removal (Berg v. Bryant → D.S.C.)

Rep. Nancy Mace's pro se removal of Berg v. Bryant to federal court, filed January 29, 2026; assigned Case No. 2:26-cv-00305-BHH-MHC in the District of South Carolina.

No. 2:26-cv-00305-BHH-MHCCourt: United States District Court, District of South Carolina (Charleston Division)Filed: Status: REMANDED to state court. On September 4, 2026, U.S. District Judge Bruce H. Hendricks granted the motion to remand and returned the case to the Charleston County Court of Common Pleas (Order, ECF 36); Mace's objections overruled and her motion for oral argument deniedParties: Removing Party: Nancy Ruth Mace (pro se) · See Berg v. Bryant (2025-CP-10-03124) for full party list

On January 29, 2026, Rep. Nancy Mace filed a pro se Notice of Removal removing Berg v. Bryant, No. 2025-CP-10-03124 (Charleston County Court of Common Pleas), to the United States District Court for the District of South Carolina, where it was assigned Case No. 2:26-cv-00305-BHH-MHC. The case is assigned to United States District Judge Bruce Howe Hendricks (BHH), with all pretrial proceedings referred to United States Magistrate Judge Molly H. Cherry (MHC).

Mace filed an Amended Notice of Removal on February 3, 2026, and a Supplemental Notice of Removal on January 23, 2026 (filed in the state court). The removal was filed from Mace's campaign office address (295 Seven Farms Drive, Suite C-186, Charleston, S.C. 29492) using a campaign email address.

All characterizations of the legal arguments below reflect the positions taken by the respective parties in their filed motions; they are not findings by this wiki or the court. The six-page notice itself (the document that opened the federal case) is reproduced below and is available as a PDF.

The Notice of Removal, as filed

Rep. Mace signed and filed the Notice of Removal pro se. The notice body is reproduced below in full; its 100-plus pages of attached state-court exhibits are omitted here. The original notice-body PDF is available here.

Page 1 of Representative Nancy Ruth Mace's Notice of Removal, stamped FILED January 29, 2026 by the U.S. District Court Clerk; the caption carries the state case number 2025-CP-10-03124 and paragraph 1 removes the Order to Show Cause and Motion for Civil Contempt under 28 U.S.C. sections 1442 and 1446 Page 1, "REPRESENTATIVE NANCY RUTH MACE'S NOTICE OF REMOVAL," stamped FILED January 29, 2026. Paragraph 1 removes "the Order to Show Cause and Motion for Civil Contempt" filed against her in the state action "[c]onsistent with 28 U.S.C. §§ 1442 and 1446."

Page 2 of the Notice of Removal, identifying Exhibits A through D (the January 12, 2026 contempt motion, the state-court docket sheet, the November 26, 2025 Gag Order, and its extension) and asserting federal-officer removal under 28 U.S.C. section 1442(a)(1) Page 2, Mace identifies the January 12, 2026 contempt motion (Exhibit A), the state-court docket sheet (Exhibit B) and the Gag Order and its extension (Exhibits C, D), then argues removal is "appropriate under 28 U.S.C. § 1442(a)(1)" because the contempt motion "arises out of statements that she has made in her official capacity as a Member of Congress," and asserts the removal was "timely under 28 U.S.C. § 1446(b)(1)."

Page 3 of the Notice of Removal: the signature block reading slash s slash Rep. Nancy Mace, Pro Se, over her Charleston office address Page 3, the signature block: "/s/ Rep. Nancy Mace / Pro Se," filed from her Seven Farms Drive office in Charleston.

Removal Timing

Mace was served the Third-Party Complaint in the state action on November 20, 2025. Under 28 U.S.C. § 1446(b), a defendant has 30 days from receipt of the initial pleading to remove. Mace's removal was filed on January 29, 2026, approximately 70 days after service.

Mace's position (per her ECF 19 Opposition to Remand) is that Bryant's January 12, 2026 Motion for Civil Contempt constituted a new and separately removable paper that restarted the 30-day clock under § 1446(b)(3), and that the entire case was inextricably intertwined with her congressional duties.

Bryant's reply (ECF 21) contests the timeliness of the removal, arguing that Mace's own December 12, 2025 Answer had already asserted FTCA / Westfall / Speech or Debate defenses, which, Bryant argues, demonstrates that the federal basis for removal was known at the time of service.

Basis for Removal Asserted

Mace's Notice of Removal asserted federal-officer removal jurisdiction under 28 U.S.C. § 1442 and the Speech or Debate Clause of the United States Constitution (Art. I, § 6), arguing that her conduct was undertaken in her official capacity as a Member of Congress.

Bryant opposed removal and moved for remand, arguing that the removal was untimely and that Mace's relevant conduct was personal, not official. In support, Bryant cited the Pittman affidavit filed in a related matter, in which Mace's former housekeeper attested that Mace's inquiries about Bryant were "strictly personal" and had "no connection to her official duties."

State-Court Effect

Following the filing of the Notice of Removal on January 21, 2026 (state-court notice), Judge Hocker was informed by letter dated January 22, 2026. The state court proceedings in No. 2025-CP-10-03124 continued on matters not affected by the removal notice, including a January 13, 2026 Supplemental Gag Order and other pending motions.

Selected Federal Docket Entries

ECF No.DateFilingParty
12026-01-29Supplemental Notice of Removal (Removing Entire Case to Federal Court)Mace (pro se)
32026-02-03Amended Notice of Removal (Exhibit A = state-court record)Mace (pro se)
42026-02-04Case reassigned to Magistrate Judge Molly H. CherryCourt
52026-02-04Notice of change of case number to 2:26-cv-00305-BHH-MHCCourt
72026-02-13Motion to Remand to State CourtBryant
192026-03-23Response in Opposition to Motion to RemandMace (pro se)
202026-03-30Reply in Support of Motion to RemandBryant
222026-06-17Report and Recommendation (recommends remand)Magistrate Judge Cherry
262026-06-30Objections to the Report and RecommendationMace
272026-07-01Motion for Oral ArgumentMace
352026-08-31Response to Objections (after substitution of counsel)Bryant
362026-09-04Order granting remand, overruling objections, denying oral argument, remanding to state courtDistrict Judge Hendricks

Status: Remanded. On September 4, 2026, District Judge Bruce H. Hendricks granted Bryant's Motion to Remand and returned the case to the Charleston County Court of Common Pleas. Earlier, on June 17, 2026, Magistrate Judge Cherry had recommended remand (ECF 22); Mace objected (ECF 26) and moved for oral argument (ECF 27), and Bryant responded (ECF 35) after a substitution of counsel. Judge Hendricks affirmed the recommendation with modifications, overruled the objections, denied oral argument, and remanded (ECF 36). See the section below.

The Report and Recommendation (June 17, 2026)

On June 17, 2026, Magistrate Judge Cherry issued a Report and Recommendation recommending that Bryant's Motion to Remand be granted and the case remanded to state court. The recommendation is procedural and does not reach the merits of the allegations. The magistrate found that Mace was on notice the case was removable by December 12, 2025, the date she asserted federal defenses (FTCA, Westfall Act, and the Speech or Debate Clause) in her Answer, so the 30-day removal clock expired before her January 29, 2026 removal, making the removal of the entire case untimely. The full thirteen-page Report and Recommendation is available here.

Page 12 of the Report and Recommendation, the conclusion recommending the motion to remand be granted, signed by U.S. Magistrate Judge Molly H. Cherry on June 17, 2026 Conclusion, signed Molly H. Cherry, United States Magistrate Judge, June 17, 2026: "it is RECOMMENDED that Bryant's Motion to Remand (ECF No. 7) be GRANTED and that the case be REMANDED to state court."

See the dispatch: A federal magistrate recommends sending the case Mace removed to federal court back to state court.

The Order Granting Remand (September 4, 2026)

On September 4, 2026, District Judge Bruce H. Hendricks entered an Order (ECF No. 36) affirming the Report and Recommendation with modifications, overruling Mace's objections, denying her motion for oral argument, and granting Bryant's Motion to Remand. The case was remanded to the Charleston County Court of Common Pleas for the Ninth Judicial Circuit, and the Clerk was directed to terminate the duplicate case number (2:26-cv-306) as moot. The order is procedural and does not reach the merits of Mace's asserted immunity defenses. The full eleven-page order is available here.

The Court held that Mace's removal was "untimely by several measures," and modified the magistrate's reasoning by finding that Bryant's November 17, 2025 motion for a temporary restraining order, which sought to restrain Mace's use of her Congressional social media, press appearances, and interviews, was the first paper from which removability could be ascertained, setting a removal deadline of December 17, 2025. In the alternative, the Court held that the November 26, 2025 gag order independently made the case removable. On every measured date, Mace's January 29, 2026 removal was too late. Because § 1442 removals fall within the exception in 28 U.S.C. § 1447(d), the remand order may be appealed to the U.S. Court of Appeals for the Fourth Circuit.

Page 11 of the September 4, 2026 order, the conclusion, granting the motion to remand and remanding the case to the Court of Common Pleas for the Ninth Judicial Circuit, signed by U.S. District Judge Bruce H. Hendricks Conclusion of the order, signed Bruce H. Hendricks, United States District Judge, September 4, 2026: the Court "overrules Mace's objections ... and grants Bryant's motion to remand ... and remands this matter to the Court of Common Pleas for the Ninth Judicial Circuit."

See the dispatch: A federal judge sent the case Mace removed pro se back to state court, ruling her removal untimely "by several measures".

Sources & Related Coverage

The filings themselves:

The federal docket, Case No. 2:26-cv-00305-BHH-MHC, is public on CourtListener and PACER (pacer.uscourts.gov). The underlying state action, No. 2025-CP-10-03124, is searchable on the South Carolina Judicial Branch Public Index at publicindex.sccourts.org. All filings cited are public court records.

See also: Berg v. Bryant (2025-CP-10-03124)