Former Nebraska Attorney General Who Argued Partial-Birth Abortion Case in U.S. Supreme Court Predicts Outcome
The high-profile abortion case of June Medical Services v Russo was argued in the U.S. Supreme Court on March 4, 2020 and will be decided in the next few weeks.
On the day of the argument, Senator Schumer threatened Justices Gorsuch and Kavanaugh, saying, “I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind and you will pay the price! You won’t know what hit you if you go forward with these awful decisions.”
Chief Justice Roberts responded in part as follows: “Justices know that criticism comes with the territory, but threatening statements of this sort from the highest levels of government are not only inappropriate, they are dangerous.”
What is the Case Is About?
Louisiana enacted the Unsafe Abortion Protection Act which requires abortion providers to have admitting privileges at a hospital located within 30 miles of the clinic where they perform abortions.
The Fifth Circuit Court of Appeals upheld the law and the abortion providers asked the Supreme Court to review the case. The state of Louisiana cross-appealed, arguing that the abortion providers lacked legal standing to bring the case.
Former Nebraska Attorney General, Don Stenberg, who argued the partial-birth abortion case of Stenberg v Carhart in the U.S. Supreme Court, joins us to discuss the June Medical Services case, as well as the possibility of this case or another case might damage or overturn the historic Roe vs. Wade case legalizing abortion.
Suggested Q&A:
Q1: In 2016, the U.S. Supreme Court ruled that a Texas law that required abortion doctors to have admitting privileges within 30 miles of where they perform abortions was unconstitutional. Doesn’t that mean that Louisiana’s law will be ruled unconstitutional also?
A1: No, for three reasons:
One, Louisiana raises the issue that abortion providers do not have standing – that is, do not have a legal right to represent their patients in court. Two, there are important factual differences. Three, the makeup of the Supreme Court is different now, and believed by many to now have a 5-4 conservative majority.
Q2: So, what is your prediction on how the case will be decided?
A2: In my opinion, the Louisiana law will be upheld in a five – four decision. Either because the abortion providers do not have standing, or because the law in Louisiana does not create a substantial obstacle for a woman who wants to have an abortion.
Q3: In your opinion, will Senator Schumer’s threat influence the court’s decision?
A3: In my opinion, Senator Schumer’s threat will likely backfire on him. Justice Roberts is likely to be the deciding vote in this case. There are good legal reasons to uphold the Louisiana law. To the extent the Chief Justice might’ve been undecided before, he will likely vote to uphold the Louisiana law both because that is the correct decision based on the law, but also as a demonstration that threats to the court by powerful politicians will not be tolerated.
Q4: What is Louisiana’s argument that abortion providers don’t have legal standing to bring this lawsuit?
A4: In this case, the abortion providers claim to be representing women who want to have abortions. The State of Louisiana argues the abortion providers cannot do that because they have a conflict of interest. Women want the safest possible abortion, but the abortion providers are trying to overturn a regulation that would make abortion safer. So, Louisiana argues that the abortion providers have no legal right to bring this lawsuit.
Q5: What are the factual differences between the 2016 case and this one?
A5: There are several. But the most important difference is that the law in Texas would have resulted in many abortion clinics closing, which would have created a substantial obstacle to having an abortion in Texas. In this case, the Fifth Circuit found that few, if any, clinics would have to close as a result of the law.
Q6: How has the Supreme Court makeup changed and why does that matter?
A6: The Texas case was a 5-3 decision. Justice Scalia had passed away and had not yet been replaced. Justice Gorsuch later replaced Justice Scalia and Justice Cavanaugh replaced Justice Kennedy. Justice Kennedy had been one of the five in the majority in the Texas case. So, we now have five U.S. Supreme Court justices who may look favorably on Louisiana’s arguments.
Q7: In your opinion, what are the prospects for Roe v. Wade being overturned, either now or in the foreseeable future?
A7: I am optimistic that Roe v. Wade will be overturned in the foreseeable future, especially if President Trump has the opportunity to replace one of the liberal justices with another constitutional conservative. In my opinion, it is doubtful that the court will overturn Roe v. Wade in this case, because the court can rule in Louisiana’s favor without deciding that question.
Q8: If Roe v. Wade were overturned that, does that in and of itself make abortions illegal?
A8: No. It would leave it up to the legislature of each state to determine whether abortion would be allowed in the state, and if a state decided to allow abortions, it could place restrictions, such as limiting abortion to cases where it was necessary to save the life of the mother, for example.
Q9: Where can we get a copy of your new book, Eavesdropping on Lucifer?
A9: You can pre-order the book on Amazon.com or barnesandnoble.com. For more information about the book go to Eavesdropping on Lucifer.com.
Here’s an endorsement by former U.S. Attorney General John Ashcroft:
“Eavesdropping on Lucifer is common sense, digestible wisdom that can be easily understood by every generation. C.S. Lewis would have given it his stamp of approval.” –Former U.S. Attorney General John Ashcroft
ABOUT DON STENBERG…
Don Stenberg (born September 30, 1948) served as attorney general of the state of Nebraska from 1991 to 2003 and later served as the Nebraska state treasurer from 2011 to 2019.
He also served as legal counsel to Nebraska Governor Charles Thone from 1979 to 1983.
As a pro-life Republican, Don Stenberg made history by helping end partial-birth abortion in the state of Nebraska that was widely believed to be able to reverse the 1973 high court decision Roe vs. Wade that legalized abortion.
Unfortunately, the 2000 Supreme Court was too liberal and overturned Stenberg’s legislation in Stenberg v. Carhart instead of Roe vs. Wade.
Today Don Stenberg is on a media and book tour aimed at exposing evil in realms that go far deeper than our mere five senses, in the hope that the eyes of American citizens and leaders are opened to joining his decades-old quest to end abortion.
Don’s new book is was released May 5, 2020 and is titled, “Eavesdropping on Lucifer.” The book has received critical acclaim from dignitaries and leaders including The Honorable John Ashcroft, Former U.S. Attorney General.
ABOUT THE BOOK: EAVESDROPPING ON LUCIFER…
Similar to the Screwtape Letters by C.S. Lewis, Eavesdropping on Lucifer by Don Stenberg is an entertaining and thought-provoking story about how the devil is corrupting modern-day culture.
Lucifer, the “Boss,” interviews a potential new apprentice. The story follows the apprentice as he tries to silence a fire-and-brimstone preacher, encourages abortion, tries to convince some college students that there is no devil, and encourages divorce.
But much of his evil work is undone by God’s angel – Angelica – who has been sent to do good.
The Boss explains to his apprentice how he used ridicule, logic, “compassion,” and the courts to turn the United States from a Christian nation into a largely secular one.
But he complains about how the Son has made his work much more difficult, because anyone who believes in the Son and asks for forgiveness is saved.
Lucifer’s explanation to his apprentice of how evil came to prominence in our culture, and how he can be defeated, is a story every Christian should hear and understand.
Praise for Eavesdropping on Lucifer
“Eavesdropping on Lucifer is common sense, digestible wisdom that can be easily understood by every generation. C.S. Lewis would have given it his stamp of approval.”
– The Honorable John Ashcroft, Former U.S. Attorney General
“My advocacy work is to build a culture of life, defend the institution of marriage, and to protect religious freedom. Eavesdropping on Lucifer is an easy to read, fascinating explanation of the forces of evil that we need to overcome to ensure families thrive, life is cherished and religious freedom flourishes.”
– Karen Bowling, Executive Director, Nebraska Family Alliance
“This is an interesting book written by an interesting man. One does not usually associate Harvard-educated public servants with a book addressing biblical themes. We should be glad that Don is unusual in this way, for he reminds us of something the Bible asserts from beginning to end: there is an unseen spiritual reality that affects the world in which we live.”
– Kyle McClellan, Pastor, Grace Church PCA and author of Mea Culpa: Learning From Mistakes in Ministry
Wow is all I can really say! This book was so informative and had me on a book hangover for days. I am still thinking of this book and recommend it to all, Christian or not.
– Lynn Mankin, Reviewer
Eavesdropping on Lucifer: A Story Every Christian Should Hear comes from a practicing lawyer and public official who here produces a fictional story about the devil and his ways.
The story opens with a meeting between Lucifer and his potential new apprentice, Jonathan. Readers would ordinarily anticipate entertainment rather than enlightenment from this kind of effort, but the meat of Eavesdropping on Lucifer lies its thorough review of the contemporary methods Lucifer employs to inject evil into the world and divide Christians. These methods of division and corruption deserve consideration beyond Christian audiences because they are succinctly and pointedly presented and because they offer windows into the kinds of interactions that create chaos and moral and ethical division among peoples.
From the differences between the U.S. being a secular nation or a Christian entity to The Devil’s frustration over the Son’s work that thwarts his success, readers receive insights into what evil is, how it actively operates in society and cultures, and how it can be confronted and changed.
These aspects of the story go beyond fictional drama to invite Christian readers to consider the heart of many ideas, from the concept that there really is no devil or evil in the world to how clergymen themselves don’t follow the Bible, but stray into Lucifer’s realm and become, themselves, his inadvertent and unaware representatives.
From divorce and political interactions to pulpit approaches, Donald B. Stenberg provides a different approach to assessing evil in the modern world that, like C.S. Lewis’ The Screwtape Letters, is all the more accessible to ordinary readers because of its fictional, conversation-based overlay.
Christians who want an accessible, chatty blend of pointed observation, reflective insights, and fun will find Eavesdropping on Lucifer excels in the kinds of insights and lessons that keep readers engaged, thinking, and entertained, all in one. – D. Donovan, Senior Reviewer, Midwest Book Review
