Law Suit to Get Governor Out of Reserves

[marinemom]

Lawsuit challenges Sanford in Reserves
Published "Thursday

COLUMBIA, S.C. (AP) - The South Carolina Supreme Court will consider next month whether Gov. Mark Sanford is ineligible to serve because he is an Air Force Reserves officer.
Edward Sloan Jr., a retired Greenville construction company owner, said the state Constitution prohibits Sanford from holding both positions at the same time.

"I am a supporter of the governor, but I don't see a conflict between that and defending the constitution," Sloan told The State newspaper on Wednesday.

Sloan, 74, is a self-described government watchdog who has sued other public agencies and groups. Two years ago, he sued the caretakers of the Confederate submarine H.L. Hunley to force the group to disclose its financial dealings.

In Sanford's case, Sloan filed a petition directly to the state Supreme Court earlier this year without seeking lower court rulings. The high court accepted the case under its "original jurisdiction" power, which allows for first-time review of strictly constitutional questions.

The justices will hear arguments in the case Dec. 3. A ruling will be issued later.

Sloan's lawyer, James Carpenter, said a ruling in his client's favor could have "far-reaching" implications. The justices could invalidate last year's gubernatorial election and any laws signed this year by Sanford, he said.

But Sloan's court petition does not call for a broad ruling.

Sanford, in court papers, indicated he wants a narrow court ruling, limited to the question of whether he can hold both positions simultaneously.

Sanford spokesman Will Folks said the governor "very much wants to continue honoring his military commitment."

In court papers, Sanford said he believes he can serve both as governor and as an Air Force Reserve first lieutenant. He said that although the state constitution bans the governor from holding "any office or other commission," it makes an exception for service in the "militia," which he contends includes the Air Force Reserve.

Sloan says in court papers that a "militia" refers only to a state citizen-soldiers group, not to a U.S. military reserve branch.

Every state Constitution since 1776 has banned the governor from holding other positions while in office, Sloan said.

"From that day to this, South Carolinians have required their governor's singular and devoted attention to his office and to this state," he said in court papers.

Sanford also said in court papers that Sloan's case should be dismissed because Sloan does not have legal standing to bring the issue to court.

Earlier this year, Sanford spent two weeks at a Reserve officers' training course in Alabama. He received his reservist commission in January 2002, about a year before he took office as governor. He continues to participate in monthly drills and would be obligated to serve if he were called to active duty.

[Sixguns]

Maybe Mr. Sloan would like to take up a recruiting position to find the Govenor's replacement, should it be needed. Yet again, another story about someone who has way too much time and their hands. I bet his lawyer is pretty happy, seems like he gets a lot of business form this old guy.


Sixguns

[greybeard]

Better yet Sixguns-let Sloan's lawyer take Sanford's place in the reserves, since Sloan is a little long in tooth to be of much use.

[Sixguns]

Yeah, well you know those old guys grey, they are always looking back to their younger days saying "If I were that younger/young again, I'd be serving in the military." Let this guy actually get the chance even though he no longer has his youth.

Do you think if the governor decide to resign his commission to serve in his present capacity, this guy Sloan would be suing him for not living up to his contractual agreement to serve in the reserves???

Sloan just looks like a guy who wants attention!

SF

Sixguns

[Devildogg4ever]

I will have to agree with both of you! Yes, he's looking for attention! Yes, he should take Sanford's place, and then see how much he runs his mouth for that same attention!!