an illuminating conversation with Joshua Mercer, talks about Stenberg vs Cahart, the partial birth abortion case of 2000, and the critical importance of the Supreme Court in determining America's future:
That’s right. I argued that case personally in the U.S. Supreme Court...Nebraska was one of the early states to pass a statutory ban on partial-birth abortions. By the time we got to the Supreme Court, I think 30 or 31 states had passed statutes banning partial-birth abortions.
We were granted cert and the Court agreed to hear our case. And I argued that case. I think the most important thing I can say [about the case] is that it matters who sits on the Supreme Court. The partial-birth abortion case is an ideal example of that. Sadly, we lost on a 5-4 decision. Justice O’Connor cast the deciding vote. Just a few years later, Congress passed a partial-birth abortion ban. And that was argued in the U.S. Supreme Court a few years after Stenberg v. Carhart. In that case, Justice Alito had replaced Justice O’Connor. And the Chief Justice had been replaced as well, although that didn’t enter into it.
And even though the arguments were essentially the same and the statutes were the same, the Court in that case upheld the federal ban on partial-birth abortions. It just underscores how tremendously important it is who sits on the United States Supreme Court.
Our elected officials in Washington appear incapable of restraining federal spending. Congress routinely imposes unfunded mandates on the states. Congress has turned much of the lawmaking function over to the bureaucrats. Many members of Congress have lost touch with the American people because they’ve been in Washington too long. Sadly, court decisions have overturned a number of traditional values.
I want to go to Washington to work on all those problems.
And we want you there, Mr. Stenberg. More than we can say.
For more information about Don Stenberg's candidacy and how you can help, check out the Stenberg for Senate website right here.