Nuisance suit axed

A nettlesome problem for Gov. Mark Sanford has been resolved in his favor by the South Carolina Supreme Court.

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He had been sued by 74-year-old government watchdog curmudgeon Edward Sloan Jr., who charged the state constitution didn't permit the governor to serve in the Air Force Reserve - that he could only serve in and command a state militia.

Sloan tried to frame his suit in such a way that if he won, it would not give Sanford a choice of resigning from the governorship or the Reserve - he'd have to quit the former.

For whatever reason, perhaps just plain cussedness, Sloan obviously wanted to force Sanford out of office. Fortunately, the high court poured cold water on the gambit.

"The militia exception ... includes within its ambit Governor Sanford's service in the Air Force Reserve, thereby rendering his military commitment consistent with the South Carolina Constitution," Justice E.C. Burnett III wrote in the unanimous decision. "We conclude ... the South Carolina Constitution permits the governor to serve in the military reserves."

Sanford said he was grateful for the ruling, and in a public statement added, "I've always viewed this decision as much bigger than me and I hope the court's ruling will help open the door to other folks in elected office who might want to be a part of the reserves."

Sanford is treating the suit with more respect than it deserves. Maybe the governor should sue Sloan for wasting his time with a nuisance suit. The high court, in making its decision, cited several cases throughout the country where elected officials were allowed dual-office holding.

--From the Saturday, February 14, 2004 printed edition of the Augusta Chronicle