Former Nebraska Attorney General Who Argued Partial-Birth Abortion Case in U.S. Supreme Court Available to Interview
Intro: The United States Supreme Court, in a recent 6-3 decision in the case of Ramos v. Louisiana, ruled that the U.S. Constitution requires that a jury verdict must be unanimous to convict in a state court criminal case.
To reach that result, the Court had to overrule a 1972 case, Apodaca v. Oregon, which had held that a unanimous jury verdict was not required in a state criminal case.
Some attorneys believe that the Ramos case could be another step toward overruling the historic Roe v. Wade abortion case. Here to explain why, is former Nebraska Attorney General Don Stenberg. Mr. Stenberg, is an honors graduate of Harvard Law School, served for 12 years as Nebraska’s Attorney General and has argued several constitutional law cases in the Supreme Court of the United States including the partial-birth abortion case, Stenberg v. Carhart. He is also the author of a new book, Eavesdropping on Lucifer.
Suggested Q&A:
Q1: Why is the Ramos v. Louisiana case relevant to the possibility of overruling Roe v. Wade?
A1: The main argument against overruling Roe v. Wade is the legal doctrine called stare decisis– which means basically that once an issue has been decided by the Supreme Court, it should not be overruled with rare exceptions.
The Ramos case is important because in it several Justices explain their views on when a prior case should be overruled.
Q2: So, what did the Justices say about overruling prior cases?
A2: Both Justice Gorsuch and Justice Kavanaugh identified what they believe are the correct tests to use in overruling a prior case. Since the tests they use are similar, I will focus on the three tests Justice Kavanaugh put forward.
First, is the prior decision not just wrong, but grievously or egregiously wrong?
Second, has the prior decision caused significant negative jurisprudential or real-world consequences?
Third, would overruling the prior decision unduly upset reliance interests?
Q3: If those tests are used in an abortion case to overturn Roe v. Wade, what would be the result?
A3: First of all, we need to understand that the four liberal Justices are not going to overrule Roe v. Wade no matter what stare decisis tests are used. So, we need to focus on the other five Justices – Roberts, Alito, Thomas, Gorsuch and Kavanaugh.
On the first test, whether Roe v. Wade was egregiously wrong, it is likely that all five conservative Justices will agree that it was.
On the second test, whether Roe v. Wade caused significant negative jurisprudential or real-world consequences, all five conservative Justices are likely to agree that Roe v. Wade has politicized the process of selecting federal judges, has resulted in over 60 million abortions, and has placed the courts in a position of micromanaging abortion procedures in the name of the Constitution. Therefore, all five conservative Justices will likely agree that this second test has been satisfied.
The third test is, would overruling the prior decision unduly upset reliance interests. There are good arguments that there are limited reliance interests on Roe v. Wade. Women who have already had abortions are not affected by overruling Roe v. Wade. Women who are not pregnant when Roe v. Wade is overturned will not rely on it.
The only women affected are those who are pregnant when Roe v. Wade is overturned and want to have an abortion. However, since it is often 9 months or more between the time Supreme Court agrees to hear a case and the time the case is decided, even these women will be on notice that Roe v. Wade may soon be overturned. In addition, the laws in several states allow abortions to continue, even if Roe v. Wade is overturned.
So, in my opinion, 4 of the 5 conservative Justices are likely to agree that there is no substantial reliance interest problem in overruling Roe v. Wade. However, Chief Justice Roberts is a question mark on this issue.
Q4: How often does the Supreme Court overrule prior cases?
A4: More often than most people think. In his concurring opinion in Ramos, Justice Kavanaugh notes that “in just the last few Terms, every current Member of this Court has voted to overrule multiple constitutional precedents.”
He also lists 29 cases where the Supreme Court has overruled prior cases.
Q5: In your opinion, what are the prospects for Roe v. Wade being overturned in the foreseeable future?
A5: 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.
Q6: If Roe v. Wade were overturned, does that in and of itself make abortions illegal?
A6: 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.
Q7: Where can we get a copy of your new book, Eavesdropping on Lucifer?
A7: You can pre-order the book on Amazon.com or barnesandnoble.com. For more information about the book go to eavesdropping on Lucifer.com.
In the book, Lucifer explains to his apprentice how the drastic changes in our culture came about – from abortion on demand to Ten Commandment monuments being removed and religious freedom being restricted. In the end, Lucifer admits and complains that his evil work can be defeated by belief in God’s Son.
“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 legal counsel to Nebraska’s Governor from 1979 to 1983, Attorney General of the state of Nebraska from 1991 to 2003 and later served as the Nebraska State Treasurer from 2011 to 2019.
As Nebraska’s Attorney General, Stenberg argued several constitutional law cases in the Supreme Court of the United States, including the case of Stenberg v. Carhart, in which he defended Nebraska’s ban on partial-birth abortion.
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 book, Lucifer explains to his apprentice how the drastic changes in our culture came about – from abortion on demand to Ten Commandment monuments being removed and religious freedom being restricted. In the end, Lucifer admits and complains that his evil work can be defeated by belief in God’s Son.
Don’s new book is scheduled to be released May 5, 2020 and it’s 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
