EDITORIAL
Let Court Weigh in
on 'Bobtailing' Gadfly lawsuit seeks
overturn of deplorable legislative practice
Gadflies have their place in our political system, as we noted
earlier this year while the S.C. Supreme Court was considering
Edward Sloan's ultimately unsuccessful lawsuit to force Gov. Mark
Sanford to resign his Air Force Reserve commission. By taking
actions that others regard as irritating and foolish, gadflies bring
clarity to issues that the passage of time has muddied. They make
the system more honest.
That's why we were glad this week to learn that Sloan is suing
the General Assembly over its habit of decorating legislation with
pork-barrel amendments unrelated to its central subject, as
exemplified by the infamous 2004 life sciences bill. Sanford last
month threatened to sue legislators after they overrode his veto of
that very bill to enact it into law. His objection: The S.C.
Constitution restricts bills to one subject, but legislators have
rationalized that edict into oblivion, and they routinely indulge in
the process known as "bobtailing."
The original version of the life sciences bill, which the
governor supported, invested state bond money in pharmaceutical and
biomedical companies with economic development potential. But
senators and representatives tacked on pork-barrel projects that
more than doubled its cost, ignoring Sanford's veto threat as they
did so.
Legislators met Sanford's lawsuit threat with scorn and
invective. They declared his agenda for South Carolina dead. Some
hinted at enlisting someone to oppose him in the GOP primary when he
runs for re-election.
After a bitter clear-the-air meeting with the House Republican
caucus last week, Sanford put a lawsuit on hold - a smart political
move that may have rescued the rest of his agenda from legislative
limbo.
Sloan, a Greenville businessman, filed his lawsuit this week,
asserting that passage of the life sciences bill "was a flagrant
violation that needed to be dealt with." The gentleman is
correct.
Whether the Supreme Court will hear his case is unclear, as
justices historically have been reluctant to intrude on legislative
prerogatives. Legislators elect the S.C. judiciary. Judges who
tamper with legislative decisions, no matter how wrong-headed they
may be, are tampering with their own job security.
Just the same, we hope Sloan's lawsuit is successful. A
responsible legislature would insist that all proposals to change
the law be heard and debated in committee before legislators pass
them. This ensures that bad ideas get scrapped, that errors in
judgment get corrected and - most important - that the cost of a
proposal is in line with state resources. Attaching pet measures to
other bills as amendments short-circuits that process, busting
budgets and launching courses of action that the public may not
understand.
The court needs to be heard on this issue. If South Carolina's
top jurists can't find the courage to overrule the practice of
bobtailing, they should at least explain how, exactly, the
Constitution allows this regrettable practice. |