Running out the clock

One more thing to share about the stimulus issue today…

This morning, I ran into Hugh Leatherman, and he pointed out something I had not thought of: I had assumed, like many others, that the reason Mark Sanford went to federal court instead of state court is that he was pretty sure a state court would rule against him.

Sen. Leatherman proposed another motive: He said that filing in federal court automatically gives the governor 30 days before anything can happen, thereby running out the clock on the Legislature’s requirement that he draw down the stimulus money within 5 days. I said, “Doesn’t he have to get an injunction or something from the court to get that delay?” The Senate Finance Chairman said no, that it was automatic.

Huh. Is that right? Maybe some of our lawyer friends can weigh in here…

2 thoughts on “Running out the clock

  1. Kathryn Fenner

    I vaguely remember something about “an automatic 30 day stay”

    Never been a litigator, and certainly not in federal court….

    Richard Gergel would be the man I’d ask.

  2. Daniel

    The governor’s primary legal argument is that the state appropriations act is federally unconstitutional. The federal courts are the appropriate venue to pursue that claim.

    Regardless of any ancillary benefits, denying the above is an exercise in overthinking/projecting.

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