Sanford’s Delay Tactics

First, he refused to do what all forty-nine other U.S. Governors have done: submit an application to the United States Department of Education to immediately allow the funds to come to South Carolina to assist our children in these difficult economic times. In reaction to this effort by Sanford, the General Assembly passed a law directing the Governor to make the application. Sanford, in turn, vetoed this provision. The General Assembly overrode the Governor’s veto by a vote of 93 to 23 in the House of Representatives and by a vote of 34-11 in the Senate.

Sanford then announced that he was not going to abide by the law the Legislature had enacted over his veto. Then we were all treated to the legal spectacle of our Republican Governor suing his Republican Attorney General in Federal Court as he escalated his efforts to prevent the funds from helping South Carolina’s beleaguered schools. He then asked the South Carolina Supreme Court to allow him to intervene in the student’s lawsuit. The Court allowed Sanford to join the case, admonishing him not to attempt to deprive the Court of jurisdiction.

Just when observers thought this legal soap opera could not become weirder, and contrary to the Supreme Court’s admonition, on Wednesday, Sanford removed the lawsuit to Federal Court. The Supreme Court was forced to cancel last Thursday’s hearing, which had been set to argue the case.

There has been a consistent theme to Sanford’s various moves: delay, delay, delay.

It appears incomprehensible that it is necessary for an 18-year-old high school student to bring suit in order to get money for our schools. And, for her and her co-plaintiff now, 3rd year law student Justin Williams, to spend their summer months in litigation to get the Governor of our state to allow funds to be available for our public schools and colleges. To add insult to injury, if Sanford succeeds in preventing a decision by the federal deadline of July 1 to apply for the funds, South Carolina’s $350 million will go to some other state.

There is yet a final insult to South Carolina taxpayers: If Sanford succeeds in keeping these funds from coming to South Carolina, we as taxpayers still have to pay it back. As someone said, “Sanford wants us to make the mortgage payment but he doesn’t want us to get the house.”

While this bizarre chain of events does appear on the face of it beyond understanding, Sanford’s actions are completely consistent with his effort of the last seven years to take taxpayer funds away from the public schools and give them to private schools through his voucher program. His efforts to keep the $350 million away from our public schools are yet the latest chapter in Sanford’s assault on our public schools. Every Governor who preceded Mark Sanford – Republican and Democrat alike – fought in their own way to support public education. Sanford’s every effort has been in the opposite direction. His current efforts are just another way for him to further his assault on our pubic schools.

His efforts are damaging to the future of every school child in South Carolina.
His efforts undermine attempts to lessen the impact of the current recession.
His efforts create uncertainty for thousands of school teachers who don’t know whether they will be employed and teach our children this fall.
But his efforts are not really “beyond understanding”.

It is relatively easy to understand that Governor Sanford’s latest political stunt is his clearest effort to use the position of his office to assault and undermine public education. What is sad, but poetic justice, is that two students have stepped forward to clean up this latest mess.

By: Dwight F. Drake, Partner
Nelson Mullins Riley & Scarborough, LLP