COLUMBIA, S.C. - Gov. Mark Sanford asked the
state Supreme Court on Wednesday to think about the personal side of
a constitutional dispute that could undo all of his official actions
since taking office in January. It was the first time, as far as
court observers could recall, that a sitting governor spoke to the
high court.
Sanford's 11-month tenure as governor is being challenged by
Edward Sloan Jr., a retired Greenville construction company owner.
The dispute is about whether Sanford can hold legally a commission
in the U.S. Air Force while he is governor.
Jim Carpenter, Sloan's lawyer, said state constitutions since
1776 have allowed governors only to serve in and command a state-run
militia, not federal military reserve units.
Sanford's lawyer, Vance Bettis, told the justices all state
militia members - now called the National Guard - can be called up
as part of regular, federal military forces. That means there's
little distinction between the two and Sanford should be allowed to
keep his commission, Bettis said.
Sanford, commissioned on Jan. 30, 2002, is a first lieutenant in
the 315th Aeromedical Evacuation Squadron at Charleston Air Force
Base.
For most of an hour, the governor sat in the court, occasionally
writing on a piece of paper, as the justices heard arguments.
As Chief Justice Jean Toal stood to recess the hearing, Sanford
rose and called out, "Madame Chief Justice, may I say
something?"
Toal told the people in the court to sit back down. "Gov., it's
highly unusual to allow a lay person and a client to speak in our
forum, but you are the governor of the state and we'll accord you
that respect," she said.
Sanford then spent about five minutes explaining the personal
reasons that compelled him to join the Air Force Reserve and defend
his decision to stay.
After admiring the military for six years while in the U.S.
House, Sanford said he wanted his four sons to follow his example
and serve in the military. That service, he said, "makes me a better
father."
As governor, Sanford is on the top rung of the state's political
leadership. But his serving on the bottom of an organization like
the Reserve, "is an immense value to the taxpayers of South
Carolina," he said.
It's unclear what impact, if any, the personal appeal will have
on the high court. "My lawyers are panicking at this moment,"
Sanford told the justices. "Whatever you all decide, I will abide
by. Period."
Before Sanford spoke, the justices quizzed Bettis and Carpenter
about the legal issues in the case.
Carpenter argued at one point that Sanford's federal service
commitment divides loyalties, taking his focus off his duties to
South Carolinians.
"When we see our governor going off for training for two or three
weeks, facing the prospect of a long-term deployment over in Iraq or
Southeast Asia or who knows where, then I think he's got his
attention divided," Carpenter said.
"Well in that context, the governor shouldn't be allowed to be
married," responded Justice E.C. Burnett III, a former Army Reserve
major who served in Vietnam for a year ending in August 1966.
Two other justices on the five-person bench also are veterans.
Justice John Waller Jr. was a 2nd lieutenant in the Army and served
in the Reserve and National Guard while Justice Costa Pleicones was
an officer in the Judge Advocate General Corps and served more than
30 years in active or Reserve roles.
During arguments, Pleicones challenged the contention that Sloan
didn't have standing to sue. Bettis argued ordinary taxpayers have
to show how they are specifically affected when they sue public
officials.
But Pleicones asked what would happen if a lifelong resident of
Charlotte, N.C., decided to run for governor here, but stay in North
Carolina. "You're telling me that if nobody had the courage to
challenge that except a citizen, that that person would not have the
standing?"
Sloan, a self-described government watchdog, said after the
hearing he just wants to see the law upheld.
"My sole interest is the Constitution says one thing and it has
not yet been enforced," he said.
Although Sanford told the justices he'd abide by their decision,
he would not rule out an appeal later to keep his office and
uniform. "Common sense is that any way that I can pursue through the
legal channels or others the ability to do both, I would like to,"
Sanford said.
As for piping up in court, "if there was any breach in terms of
protocol, I apologize," Sanford said. "I've never been in a
courtroom, I certainly haven't been in the Supreme
Court."