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Post |
Legal battles begin with Gov. Sanford and Legislators over "stimulus
money"
web
posted May 27, 2009
COLUMBIA – Counsel for Governor Mark
Sanford today responded to one of the two suits brought regarding a
disputed $700 million in stimulus funds, filing to remove it from the
S.C. Supreme Court to federal court where it belongs.
In response to a suit filed Friday by the S.C. Association of School
Administrators, the governor's counsel reiterates the argument that
federal court is the appropriate venue for any suit related to attempts
to compel the governor to apply for stimulus funds, since it involves
the legislature trying to unconstitutionally re-write federal law.
The governor will not be responding to another suit originally filed by
former S.C. Democratic Party Chairman Dick Harpootlian and former video
poker operative Dwight Drake. The governor is not named as a defendant
in that case, and as such is not bound by its outcome. The governor's
counsel has sent the attached letter to the Supreme Court in this
regard.
"Our suit is fundamentally about the balance of power and separation of
powers in our state, and whether or not the legislature is going to be
allowed to erode the Executive Branch even further in South Carolina,"
Gov. Sanford said. "Legislative dominance costs our state's citizens
far too much for the way it breeds waste and duplication, and the last
thing we need to be doing is exporting that dysfunctional system to
other states, which is what will happen if our General Assembly is
allowed to re-write federal law in this way."
Later in the day Gov. Sanford's Office released the following:
Counsel for Governor Mark Sanford said they will move to intervene in a
state court case regarding a disputed $700 million in stimulus funds,
after the Supreme Court this afternoon released its schedule for
hearing the case.
The state Supreme Court today said it has accepted original
jurisdiction over the suit -- originally filed by former S.C.
Democratic Party Chairman Dick Harpootlian and former video poker
operative Dwight Drake - and will hear oral arguments on Thursday. The
expedited timeline makes it appropriate to intervene.
Earlier today, the governor's counsel filed to remove the S.C.
Association of School Administrators suit to federal court. On Friday a
federal judge will receive briefs and on Monday will hear arguments on
whether to keep that case in federal court.
"This issue is about the fundamental balance of power between the
Executive and Legislative branches of South Carolina government, and we
hope for all concerned it is decided quickly," Gov. Sanford said.
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