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Posted on Tue, Feb. 10, 2004

Sanford can stay in Reserve


S.C. Supreme Court throws out lawsuit challenging governor



Associated Press

Gov. Mark Sanford may continue to serve in the Air Force Reserve, the S.C. Supreme Court ruled Monday in throwing out a lawsuit claiming the governor was violating the state constitution.

Sanford's tenure as governor was challenged by Edward Sloan Jr., a retired businessman and self-described government watchdog who said the constitution allows the state's top officer to serve in and command only a state militia.

The court, which heard arguments in December, ruled unanimously that the term "militia" refers to citizen-soldiers as opposed to professional soldiers.

The first-term governor is in line for a promotion to captain in the Reserve's 315th Aeromedical Evacuation Squadron.

"He attends drills once a month and is doing what we've asked him to do," Col. Gary Cook, commander of the 315th Airlift Wing, said in January.

About 40 percent of the 315th Wing has been called to active duty during the past year, but Sanford has not been among them.

Sloan declined to comment in detail on the ruling because of the possibility he could appeal. Sanford's spokesman Will Folks said the governor planned to issue a response later.

Sanford joined the reserves in January 2002, about two months before he filed to run for governor. Last April, Sanford trained two weeks at Maxwell Air Force Base in Alabama. He has said he is working on a correspondence course designed to train him as a medical administrator.

When his case was heard, Sanford was granted an unusual opportunity to address the justices. He spoke for about five minutes following oral arguments and explained the personal reasons that compelled him to join the reserves, which included wanting his four sons to follow his example and serve in the military.

The high court did not mention Sanford's personal appeal in its five-page ruling.


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