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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: Pending (Motion to Remand filed by Bryant)Parties: 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 was assigned to Senior District Judge B. Hoke Hamilton, Jr. and Magistrate Judge Molly H. Cherry.

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. | Date | Filing | Party | |---------|------|--------|-------| | 1 | 2026-01-29 | Notice of Removal | Mace (pro se) | | 3 | 2026-02-03 | Amended Notice of Removal (Exhibit A = state-court record) | Mace (pro se) | | 7 | (filed) | Motion to Remand | Bryant | | 19 | 2026-03-23 | Opposition to Motion to Remand | Mace (pro se) | | 21 | 2026-03-26 | Reply in Support of Motion to Remand | Bryant |

Status: Motion to Remand pending before the District Court as of last docket review.

Sources & Related Coverage

The filing itself: Representative Nancy Ruth Mace's Notice of Removal (PDF, 6 pages, notice body; exhibits omitted), filed pro se January 29, 2026, removing the Order to Show Cause and Motion for Civil Contempt from Berg v. Bryant, No. 2025-CP-10-03124, to the U.S. District Court for the District of South Carolina, where the action was docketed as No. 2:26-cv-00305-BHH-MHC.

The federal docket, Case No. 2:26-cv-00305-BHH-MHC, is available on 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)