High school senior asks S.C. court to weigh in on stimulus funds

From TheMatadorOnline.com newsroom:

By John O'Connor

McClatchy Newspapers

(MCT)

COLUMBIA, S.C. _ A high school senior has filed a lawsuit asking the South Carolina Supreme Court to decide who _ Gov. Mark Sanford or the Legislature _ controls $700 million in disputed federal stimulus money.

In an indication it could act swiftly, the court ordered South Carolina Attorney General Henry McMaster to respond to the lawsuit by Monday.

Casey Edwards, the 18-year-old who filed the lawsuit Thursday, said South Carolina students and schools are suffering from budget cuts and would benefit from the money.

In a statement, Sanford _ who has gained national attention for his anti-stimulus position amid speculation he might run for president in 2012 _ called the challenge a "politically driven press spectacle ... rather than a suit with any actual merit."

For weeks, Sanford and lawmakers have been at odds over whether to include $350 million in federal money in the state's budget for the year that starts July 1. More than 80 percent of that money must be spent on K-12 and colleges, according to federal rules.

An additional $350 million can be spent the following year.

Sanford must apply for the money before it can be sent to South Carolina. The Republican governor has said he will not ask for it unless lawmakers agree to pay off an equal amount of state debt.

A clause in the bill _ inserted by U.S. House Majority Whip Jim Clyburn, D-S.C. _ was intended to allow lawmakers to accept the money if Sanford refused it, but legal questions have cut off that avenue.

"I've had a great experience in my Chapin schools," said Edwards, who said she sold Chick-Fil-A chicken sandwiches to raise money for a Dillon County school last year after seeing a documentary on the poor conditions at schools along the Interstate 95 corridor. "Every student should have that same quality of education."

The lawsuit is the first effort to force a resolution to the stimulus impasse. However, lawmakers also may include the money in the state budget or pass a bill ordering Sanford to accept it.

Dwight Drake, one of Edwards' two Columbia attorneys, said the intent of the federal legislation was clear: to allow lawmakers to accept the money if a governor refused. He added the state's high court could settle the issue within 30 days.

"There is a substantial, but simple, legal question here," said Drake. "The Supreme Court is the quickest and most certain route to get the question decided."

McMaster, who will represent the state in the suit, said he was pleased the Supreme Court indicated it would decide quickly whether to accept the case.

In a statement, the Republican attorney general called the lawsuit "premature," adding it "may be perceived as partisan and politically motivated _ because the governor and Legislature still have time to resolve the issue prior to the end of the legislative session."

(EDITORS: STORY CAN END HERE)

However, Drake said a suit was inevitable, whether before or after the state budget was completed.

Lawmakers, who say they want to use the money to stave off job and service cuts, were hopeful the court quickly would end questions about whether the money can be used in the state's budget for its next fiscal year.

"I would hope that the court ... would address this as quickly as they can," said Republican state Sen. Hugh Leatherman.

Sanford criticized the lawsuit as filed by two Columbia political insiders _ Drake and former South Carolina Democratic Party chairman Dick Harpootlian _ and added the White House and McMaster previously have said federal law gives him control over the money.

Referring to an anti-tax rally he addressed Wednesday, Sanford said, "Thousands of taxpayers in our state stood up yesterday and said they're tired of government spending beyond its means, that they're tired of these so-called 'stimulus' efforts out of Washington, D.C., and that they're tired of Columbia insiders like these driving decisions in the State House."

Edwards acknowledged she was stepping into a political fray.

"It's a little intimidating, but I feel it's a very important issue."

(EDITORS: STORY CAN END HERE)

She said she became interested in the issue after joining Columbia public relations executive Bud Ferrillo's campaign to improve South Carolina education. She added that her school district _ Lexington-Richland District 5 _ already is laying off teachers, including one who tutored her after school to improve her math scores.

Edwards said she talked about the lawsuit with her family, who supported her decision.

David Edwards described his daughter as politically conservative, adding he trusts her judgment.

"She's a leader. She's an independent person. I didn't want her to be a pawn. She's never led us wrong before."
___
(Staff writer Gina Smith contributed to this story.)
___
© 2009, The State (Columbia, S.C.).
Visit the State at http://www.thestate.com/
Distributed by McClatchy-Tribune Information Services.