High court ruling a partial victory
Justices missed chance for knockout punch
Published "Sunday
The "granddaddy" of "bobtailing" bills has earned the South Carolina General Assembly a sharp rebuke from the state Supreme Court, but it also left justices open to criticism as de facto legislature.

"Bobtailing" is the practice of tacking unrelated items onto a bill in the legislature. On a 4-1 vote S.C. justices performed major surgery on the Life Sciences Act, which was laden with more than a dozen pet projects of legislators. The 4-1 ruling leaves standing parts of the law that began as an economic development incentive to allow research universities and biotechnology firms to collaborate, potentially developing high-paying jobs.

This is where the court should have thrown a knockout punch that would have sent lawmakers a clear message that legislation, indeed, should follow the S.C. Constitution, which says that legislation should deal with a single subject.

The constitutional requirement for single-issue legislation acknowledges that all issues should be debated on their own merits and not rammed through at the last minute with little discussion. The citizenry elects lawmakers but they want to know what happens in the Capitol chambers and committee rooms. Full discussion of every piece of legislation informs the public and makes legislators accountable.

The partial victory means that a four-year university at Sumter, a convention and trade center for Myrtle Beach and a culinary school for Charleston won't emerge until the legislature approves standalone bills dealing with each subject.

Gov. Mark Sanford cited the constitutional provision last year when he vetoed the legislation. He was overridden by the legislature and threatened to take them to court but backed off when lawmakers promised to do better. Part of the compromise has come to fruition with a change in rules of both chambers this legislative session.

South Carolinians should be thankful for gadflies like Edward Sloan Jr. of Greenville, who stands on constitutional principle. When the governor stopped short, Sloan stepped in and filed suit, even gaining support of the state attorney general.

By only granting Sloan -- and his fellow South Carolinians -- a partial victory, the Supreme Court has set itself up for criticism by being selective in is application of the law. What is the definition of single-issue legislation? While other elements may fall under a similar grouping, the court missed the opportunity to deliver the knockout punch for future legislation of this nature.

Copyright 2005 The Beaufort Gazette • May not be republished in any form without the express written permission of the publisher.