(Columbia) Dec. 3, 2003 - The South Carolina Supreme Court has not ruled whether Governor Mark Sanford can hold both the office of governor and hold a commission with the US Air Force Reserves. The justices have not said when they will issue a ruling.

A Greenville businessman with a history of raising questions about the law and looking to the courts for answers brought the case. Edward Sloan, Junior, has also mounted legal challenges against the Greenville County School District and Friends of the Hunley. The State newspaper in November reported Sloan is a "self-described government watchdog," who has "made a habit" of suing public groups.

Attorneys for the governor, a first lieutenant in the Air Force Reserve's 315th Aeromedical Evacuation Squadron based at Charleston Air Force Base, say Sloan does not have the legal status simply as a taxpayer to bring the suit, and they say the constitution allows the governor to serve in a militia.

They had previously filed for a dismissal, saying Sloan lacks personal involvement with the issues. Sanford's legal costs are being covered by the state.

Sloan's lawyers say the retired Greenville construction company owner's lawsuit should go forward, because the issue of a governor serving in a branch of the US military affects every state citizen. James Carpenter, says a ruling in his favor could have "far-reaching" implications. Carpenter says the justices could invalidate last year's gubernatorial election and any laws Sanford signed.

At the end of the hearing, an a move allowed by Chief Justice Jean Toal, who admitted it was out of the ordinary, Governor Sanford rose to deliver his own remarks. It was the first time, as far as court observers could recall, that a sitting governor spoke to the high court.

The Republican governor told the justices 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.

He said his work in the Reserves makes him a better governor and a better parent, "I've always believed in leadership by example. I think it's the finest leadership organization in the world and happen to believe that our country would be made stronger if every young boy in the military served in some capacity. And, I thought I'd have standing with my four boys to say, 'Look, Dad in his decrepit age and limited capacity did X. I wish I'd done it when I was 20. I think you ought to and here's why.' I think it makes me a better father."

He also says as governor he benefits from being at the bottom during his weekend training drills. Sanford says the Reserve experience makes him a better governor by putting him in contact with a diverse group of regular people. Sanford said if he loses this case, he would consider an appeal.

Sanford underwent two weeks of officer training at the end of March at Maxwell Air Force Base near Montgomery, Alabama. He's an entry level health services administrator.

He is the only governor in the nation with an active military obligation. Sanford became a first lieutenant on January 30th, 2002. Critics called his commission a political move. Sanford says he started the process two years earlier, before he decided to run for governor.

He said in late January he plans to honor his military commitment to show his sons about service and keeping his word. Sanford says he would not resign as governor if he were on an extended deployment. If Sanford were called up, Lt. Governor Bauer, 34, could become acting governor.

reporting by Jack Kuenzie

updated 10:56am by Chris Rees