Guest: Former Nebraska Attorney General Don Stenberg/Omaha/Central Time
Across the nation governments are ordering many businesses to close and people to stay in their homes because of the coronavirus. While this is intended to slow the spread of the disease, it raises legal questions such as governments’ authority to impose these restrictions; what legal obligations do governments have to the owners of businesses that fail because of these orders; and whether the Constitution requires exceptions for churches and synagogues under 1st Amendment rights, and gun stores under 2nd Amendment rights.
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. Let’s start with a big picture question. What has the US Supreme Court said about the authority of federal, state and local governments to order mass quarantines?
A1. That’s a great question. Surprisingly, the US Supreme Court has not addressed that issue in the last 100 years. Earlier cases suggest that state and local governments have nearly unlimited authority to impose large-scale quarantines during an infectious disease outbreak. The unanswered question, is what constitutional limitations today’s courts might impose to protect individual freedom.
Q2. What about the business owner who goes broke because of a quarantine order? Could she successfully sue the government to recover what the value of the business was before the government’s order to close?
A2. Possibly. The general rule is that the government is protected by what is called sovereign immunity. That is, the government cannot be sued for actions it takes as a government – such as a quarantine order.
But that rule does not apply when the government takes a private person’s property for government use. The Fifth Amendment to the United States Constitution provides that private property may not be taken for public use without just compensation. So, a business that loses money, but is able to reopen after the quarantine is lifted, would probably not have a case because that situation would probably not qualify as a taking. But a business that was completely destroyed and could not reopen might be able to recover its losses from the government that imposed the order. In essence the government would have taken the business without just compensation. I think we will see a number of lawsuits filed based on that theory in the future.
Q3. What about gun stores? In some places state and local governments have ordered gun stores to close while allowing grocery stores, pharmacies and certain other businesses to remain open. Can the government legally do that?
A3. No. Not in my opinion. Because a constitutional right, that is the right to keep and bear arms, is involved the government would need to show a compelling government interest and that the government action was narrowly tailored to meet that goal. If the government allows grocery stores, pharmacies and other businesses to remain open, it cannot effectively argue that it has a compelling interest in closing gun stores.
Q4. What about churches? Can the government order them to close as part of a quarantine?
A4. For the same reason government cannot close gun stores, it could not order churches to close, because church attendance is an important part of the First Amendment right to free exercise of religion. However, the government could limit the number of people allowed in a church at one time.
Q5. What if someone who has had the coronavirus and has fully recovered from it and in his doctor’s opinion is not contagious, leaves his house for an unauthorized reason. Could he be successfully prosecuted for violating the quarantine order?
A5. Probably not. Even when a fundamental constitutional right is not involved, the government’s action must be reasonable. When you have an individual, who is now immune to the coronavirus and is not contagious, it would not be reasonable to require that person to remain at home.
Q6. Tell us a little bit about your new book, Eavesdropping on Lucifer.
A6. 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.
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. Or, if you can’t wait, the e-book is currently available on both Amazon.com and Barnes & Noble.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
