In an extremely unusual case, Governor Mark Sanford went before the state Supreme Court Wednesday to defend his right to serve as governor while also being a lieutenant in the U.S. Air Force Reserve.

Greenville retiree Edward D. Sloan, Jr., filed a petition with the high court challenging Sanford's dual positions. The state constitution forbids a governor from holding any other job or commission, except in the militia.

"I have no opinion about his capabilities," Sloan told reporters after the court hearing. "My sole interest is that the constitution says one thing and it has not yet been enforced."

His lawyer, Jim Carpenter, told the Supreme Court justices that the constitutional prohibition is clear. "The respondent, our governor, we submit has been in violation of this provision since the moment he took the oath of office."

But Sanford's lawyer, Vance Bettis, argued that Sloan didn't have any standing to bring the suit in the first place, since he has not been harmed by the governor's holding two positions.

He also argued that the exception for the militia applies in Sanford's case. The State Guard and National Guard are clearly considered militia. And since they take the same oath as members of the Reserves, and could be called to active duty just like members of the Reserves, there's no difference, he argued.

USC consititutional law professor Eldon Wedlock says the law is stated plainly and that, if interpreted literally by the justices, they'll have to rule against the governor. 

Gov. Sanford says he wants to continue in both roles. "If the court determines that I can’t do both, I think my first, my primary responsibility is to the people of South Carolina as governor. And if they determine I can’t do both, then I would ask if I could resign the commission."

If the court were to make a very broad ruling, it could invalidate Sanford's election and any laws he's signed while in office. But statements and questions from the justices during the hearing make it appear likely that they will issue a narrow ruling, deciding only whether he can hold both positions.

Chief Justice Jean Toal asked Carpenter, Sloan's attorney, "Where is the provision in the constitution that says that if he dual-office-holds he vacates the office of governor?"

The case itself wasn't the only thing unusual about this hearing. Sanford asked to speak, and Chief Justice Toal told him it is extremely rare for a defendant to address the court. But she allowed him to address the justices.

He told them they should consider personal issues as
well as the legal question of whether the state Constitution bars him from serving as governor while holding a federal commission.

Sanford says his service provides a good example to his four sons. He wants all of them to serve in the military, and says his own service will give him more credibility.

He also says as governor, he benefits from being at the bottom of the leadership ladder during his weekend training drills. And he says the Reserve experience makes him a better governor by putting him in contact with a diverse group of regular people.