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Article published Nov 21, 2003
Supreme Court shouldn't make a big deal of Sanford's military
status
The state Supreme Court should follow the request of
Gov. Mark Sanford and issue a narrow ruling on whether he can serve as governor
and as an officer in the Air Force Reserve.A Greenville man has brought a
petition to the Supreme Court, claiming that Sanford cannot be governor and a
member of the Air Force Reserves because the state constitution prohibits him
from holding two positions at the same time.The governor claims that the
constitution includes an exemption for service in the militia, and that applies
to the Air Force Reserve.The court has agreed to hear the case, and the
constitutional question should be decided by the court. But the justices should
avoid making too big an issue of this.If the court decides that Sanford cannot
hold both positions, it should simply require that he resign from one or the
other.It should not do as the plaintiff's lawyer has suggested and rule that
Sanford is ineligible to serve as governor.This esoteric question is not worth
turning state government upside down in the middle of a fiscal crisis with a new
legislative session starting in less than two months.The lawyer bringing the
suit says that if the court rules his way, Sanford's election could be
invalidated and everything he has done as governor would be undone, including
all the laws he signed.No good would come of that. South Carolina does not need
a large dose of chaos in this way. And the question of military service while
serving as governor just doesn't justify that kind of a broad ruling.The
justices are scheduled to hear the case Dec. 3 and issue a ruling some time
after that. No matter when they issue their ruling, it would come at a bad time
for the state to face another controversy.If the court does find that Sanford
cannot serve in both positions, it should do no more than force him to give up
his Air Force Reserve commission.