Idaho’s outside counsel embarrasses state in abortion arguments — using your money
Last week, the Idaho Supreme Court heard oral arguments on three Idaho abortion laws, which Planned Parenthood argues violate individual rights protected by the Idaho Constitution.
Attorney Alan Schoenfeld presented Planned Parenthood’s case expertly, deftly handling hard questions put to him by justices who may not be inclined to find in his favor.
Also striking was the performance of Monte Stewart, a Nevada lawyer hired by the Idaho Legislature as outside counsel. Stewart has deep credentials in the conservative legal movement on abortion and gay marriage issues, but you wouldn’t know it from his performance in front of the court.
At one point during Stewart’s oral arguments, Justice Greg Moeller tried to ask Stewart a question. Stewart continued right on talking, raising his voice to talk over Moeller. He had to be admonished by Chief Justice Richard Bevan, and only then could Moeller actually finish his question.
Now, I’m not a lawyer, but I have watched several episodes of “Law and Order.” And it seems to me that if you want to represent your client well, one thing you should not do is be rude to the people on the bench.
It wasn’t just Stewart’s penchant for interrupting judges, but the style of his whole presentation that was lacking.
Stewart’s rhetorical style was somewhere between that of a law school professor instructing his class and that of a preacher sermonizing to his flock. His argument was almost entirely bereft of reasoning, relying on rhetorical flourish and an unshakable sense of misplaced self-assuredness.
This is a pattern.
Arguing in federal court against the Biden administration earlier this year, he made the argument that doctors in Idaho shouldn’t worry about being prosecuted for treating an ectopic pregnancy. He didn’t make an argument as to why the law would not allow such a prosecution. He simply asserted that no prosecutor would pursue charges and scoffed at suggestions to the contrary.
The court was not persuaded and issued an injunction.
Stewart was hired by the state to act as outside counsel to prepare a constitutional defense for its gay marriage ban in 2014. After oral arguments described by The Advocate as “recycled” and “lackluster,” Stewart lost that case as well.
This is not to say that Stewart is not persuasive. He has a history of being very persuasive. He has for years successfully persuaded lawmakers to take money from your pocket and put it in his.
No matter your position on abortion, you’ve gained no benefit from those tax dollars.
Deputy Attorney General Megan Larrondo did her job admirably. She made cogent arguments and responded respectfully to the justices. I hope they decide against her because I’m opposed to the abortion ban, but I have no criticism of the way she did her job.
The performance of the Legislature’s outside counsel, however — hired, by the way, because the right flank of the Legislature somehow thinks the attorney general’s office isn’t good enough representation — should upset you even if you’re in total support of Idaho’s abortion ban. Because Stewart didn’t help the state’s case. If anything, he hurt it.
If your lawmaker is in the Republican Party, give them a call. Tell them to let the attorney general’s office represent the state, as it’s supposed to do, and as it has generally done very well. Stop wasting money on outside lawyers who consistently perform worse and cost more.
This story was originally published October 10, 2022 at 4:00 AM.