South Carolina Supreme Court Hears Arguments Over Stimulus Money

The South Carolina Supreme Court is hearing arguments this morning in a dispute over whether state legislators can force Gov. Mark Sanford to accept $700-million in federal stimulus aid meant to shore up education spending.

While Mr. Sanford, a Republican, certified that his state would accept most of its share of the $787-billion federal stimulus package — largely for Medicaid, unemployment benefits, and transportation — he has said he would not apply for the education money unless the legislature agreed to offset that amount by paying off an equal amount of state debt.

South Carolina’s highest court will decide whether a clause in the federal law allows the legislature to accept the money if the governor does not apply for it. The lawmakers passed a resolution to accept the federal dollars, and the governor has challenged the measure in court, arguing that the state Constitution should take precedence over the federal law.

The state’s attorney general and even the White House have acknowledged that the authority to apply for the money rests solely with the governor. But lawyers for the South Carolina Association of School Administrators argue that the state itself, not the governor, is applying for the money, and that the legislature has greater authority over the state’s purse strings, according to a report in The State.

The Columbia, S.C., newspaper says the state’s Supreme Court has indicated that it would rule in favor of the legislature and is expected to decide quickly on the case. Governor Sanford has said he would not appeal the court’s decision. —Eric Kelderman