Special Guests

Are Stay-At-Home Orders & Business Closures Legally Defensible Now that the Curve Has Been Flattened?

Former Nebraska Attorney General Don Stenberg Available for Interviews via Skype, Zoom or Phone from Omaha/Central Time

Intro: While some states are allowing most businesses to reopen with some restrictions such as social distancing, other states and localities continue to enforce strict stay-at-home orders and are keeping many businesses closed. Now that the curve has been flattened in most of these places, are these orders still legal?

Here with us today is former Nebraska Attorney General Don Stenberg. Mr. Stenberg, 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. He is also the author of a new book, Eavesdropping on Lucifer.

Q1. What is the basic legal test of whether the stay-at-home orders are constitutional?

A1. The basic legal test is whether the stay-at-home order is reasonable and necessary based on the facts and whether it is the least restrictive means to achieve the government’s purpose.

Q2. So, were most of the stay-at-home orders constitutional when they were first issued back in March?

A2.  Probably so, although orders to close churches and gun stores and orders that prohibited protests likely were not. At the time the orders were first issued in March, some medical experts were afraid that hospitals would be unable to treat all those needing medical care. The orders were short-term measure intended to prevent that.

Q3. Now that the curve is been flattened, are these extreme restrictions on personal liberty still constitutional?

A3. In my opinion, no. We now know that the risk of death is limited primarily to the elderly and those with pre-existing medical conditions. We also know that social distancing seems to be working and that the disease spreads when large numbers of people are together in a confined space for an extended period of time – like nursing homes and meat processing plants. These facts show that massive stay-at-home orders closing most businesses are not the least restrictive ways to minimize death caused by Covid-19.

Q4. Is trying to reduce the number of people who will get sick a sufficient legal reason for the stay-at-home orders?

A4. No. If it was, the government could issue these extreme orders to try to reduce the number of people who get the flu each year. No one has suggested that a state government could legally do that.

Q5. Are there other legal problems with these orders?

A5. Yes. One is that many violate the equal protection clause of the U.S. Constitution. For example, some businesses, such as Walmart, are allowed to sell clothing, but clothing stores are not allowed to open.

Another legal issue is the violation of the free exercise of religion clause when stores are allowed to have hundreds of socially distance customers, but churches are not allowed to open or are limited to 10 people.

Q6. Can state and local governments issue more limited orders, such as requiring social distancing and using masks when social distancing is not possible?

A6.  Yes. Because those are reasonable, limited measures that do not violate constitutional rights or cause massive economic losses.

Q7.  Tell us a little bit about your new book, Eavesdropping on Lucifer.

A7.  It is similar to the Screwtape Letters by C.S. Lewis. 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. 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. In the end, Lucifer admits and complains that his evil work can be defeated by belief in God’s Son. 

Q8.  Where can we get a copy of your new book, Eavesdropping on Lucifer?

A8.  You can order the book on Amazon.com or barnesandnoble.com. It is also available as an e-book on both Amazon.com and barnesandnoble.com. For more information about the book, go to EavesdroppingOnLucifer.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 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

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