COLUMBIA, S.C. - South Carolina Attorney General Henry McMaster plans to side with a government watchdog suing the state over economic development legislation passed by the General Assembly this spring.

McMaster said Wednesday that the Life Sciences Act is an example of legislative bobtailing and is unconstitutional.

It's an unusual move for the state's top attorney to side with someone who is suing the state. But McMaster, who is a defendant in the suit, said his primary responsibility is to uphold the constitution, not to defend the state at all costs.

"It's very clear to this office that this act is unconstitutional and should be declared so by the Supreme Court," McMaster said.

The law that passed in March originally was intended to give broader incentives to pharmeceutical companies. But lawmakers tacked on several amendments, including provisions to expand University of South Carolina-Sumter to a four-year school and to create a four-year cooking program at Trident Technical College.

Greenville native Edward Sloan Jr. sued, claiming the act violates the section of the state Constitution that says every bill should deal with just one subject. Sloan, who has become known for suing government agencies, last year lost a lawsuit that argued Gov. Mark Sanford could not simultaneously serve as governor and hold a commission in the U.S. Air Force Reserve.

McMaster, a Republican and the former head of the state party, said he knows his decision to file a brief supporting Sloan will not be popular with the Republican leaders of the House and Senate.

"This is not politics," McMaster said. "This is the constitution. As far as this office is concerned, the identity of the parties is irrelevant."

McMaster said he is only dealing with this instance of bobtailing, not the practice at large. He said he is weighing in now for one reason: "We got sued."

McMaster's decision is a victory for Sanford, who vetoed the Life Sciences Act and threatened to sue the General Assembly after his veto was overridden. Sanford backed down after a closed-door meeting with Republican lawmakers.

Sanford spokesman Chris Drummond said Wednesday the governor had "clearly laid out his concerns." Drummond said he could not comment further before McMaster filed his brief, which is expected in August.

Legislators say General Assembly rules permit them to tie issues together as they see fit.

House Speaker David Wilkins, R-Greenville, said Wednesday he could not comment because he is a defendant in Sloan's pending lawsuit. When Sanford threatened suit, Wilkins said there would be "no merits" to such a lawsuit.

State Sen. Luke Rankin, R-Myrtle Beach, said McMaster's brief is only one opinion. The only opinion that ultimately matters is that of the court, Rankin said.

In the meantime, Rankin said, the uncertainty complicates the implementation of the act. The Life Sciences Act is to pay for up to $7 million of the cost of a trade center in Myrtle Beach.

"We can't go this alone," Rankin said. "It's a major investment that we liken to the state going to the table with a BMW or any other major new industry, where we put our money where our mouth is. Its vitally important that the state partner with us."

State research universities, who stand to gain as much as $220 million for research projects aimed at creating jobs, are also concerned.

The University of South Carolina is laying the groundwork for a research campus in downtown Columbia.

"We would certainly hope that this matter, whatever its intentions are, does not derail or impose any onerous delays for any of the research campuses in the state, the university in particular," said USC spokesman Russ McKinney.

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Information from: The State, http://www.thestate.com/