October 3, 2020 Issue, Page 4 of 10

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Page 4 The Elk City News, Elk City, Oklahoma Saturday, October 3, 2020 There’s Opinion Page “ElkCituNews room for surprises from Amy Coney Barrett Serving Western Oklahoma since 1901 Silence is By Cass R. Sunstein Bloomberg Opinion protect some unauthorized have very different views Congress has not said oth- aliens from removal; or that about their appropriate ju- erwise, we hold the govern- golden in the Here is a paradox. It is in the same year, it would in- dicial role and in particular ment to its word.” pretty easy to predict the vot- terpret the Civil Rights Act about their obligation to re- Does Barrett have libertar- ing patterns of new Supreme of 1964 to forbid discrimi- spect the court’s own prec- ian leanings as well? That, Court justices. But it can be nation on the basis of sexual edents. For example, Chief too, is unclear. fourth estate exceedingly difficult to pre- dict the votes of justices in specific cases, which means orientation. Indeed, a careful effort to test whether legal experts are Justice Roberts insists on that obligation - far more so than (say) Justice Clarence The third reason is that the specifics matter, whether they involve law or fact. A that it can be difficult as well good at forecasting the deci- Thomas, who is not reluctant justice might show broadly to predict how those cases sions of the Supreme Court to overrule precedents if he conservative voting patterns, By Don Munsch, Editor are going to be decided. found that such experts were thinks that they are wrong. but ina particular case might The editor gave us our marching orders, and they were When President _—_ Bill right just 59.1% of the time. (The record of a lower court encounter a convincing ar- not ambiguous. Clinton appointed Stephen That’s better than flipping a judge is not very informa- gument that the stereot Breyer to the Supreme Court coin - but it’s not a lot better. tive, because such judges No signs. No shirts. No buttons. No bumper stickers. in 1994, those who knew Judge Amy Coney Bar- are bound by Supreme Court cally conservative position No nothing. Breyer’s work knew that rett’s background shows rulings.) is wrong - whether the issue The items referred to above related to wearing or own- his voting patterns would unmistakably conservative Preliminary signs sug- involves sex equality, presi- ing something that featured messages supporting candi- be moderately liberal - more inclinations, and it is a good gest that with respect to dential power or environ- dates for political office. This was years ago at one of my centrist than those of pro- bet that she would count, precedent, Justice Brett Ka- mental protection. The logic gressive heroes Justices broadly speaking, as a con- vanaugh may be aligned of the argument, and the par- newspaper stops. Reporters had to project a neutral front Thurgood Marshall and Wil- servative justice. But would with Roberts, and that Jus- ticular dispute, might move to the public, we learned. We couldn’t advertise our pref- liam Brennan, but to the left, she vote to strike down the tice Neil Gorsuch may take any justice in what might erences for anything, including Presidential candidates, for sure, of Justice Antonin Affordable Care Act, the Thomas’s approach. On this seem to be an uncharacteris- such as having a sign in our yard or a sticker on the back Scalia. And when President 2010 health care law wide- count, Barrett’s approach re- tic direction. of our vehicle. George W. Bush appointed ly known as Obamacare? mains unclear. In an unusual public state- John Roberts as chief jus- Would she vote to overrule The second reason is that ment in 2019, Roberts said, It’s just an ethics issue in journalism that reporters or tice in 2005, it was clear, Roe v. Wade, the 1973 ruling even if a justice’s voting pat- “We do not have Obama editors shouldn't advertise their views about candidates. from Roberts’ record, that that women have a constitu- terns are predictably conser- judges or Trump judges, Now, newspapers can do endorsements — The Elk City his voting patterns would tional right to have an abor- vative or liberal, his or her Bush judges or Clinton News generally chooses not to do political endorsements be moderately conservative tion? To forbid any and all views on particular issues, judges.” He wasn’t entirely — but those endorsements come from the editorial board. - distinctly more conserva- affirmative action programs? and on particular cases, right, but he wasn’t entirely tive than those of Breyer, but Would she take a strong might turn out to be surpris- wrong, either, Reporters don’t generally get a vote there because at most distinctly less so than those stand against gun control ing. For example, Scalia Elections have conse- papers they are not members of the board. of Scalia. laws? Would she give more liked to invoke the “rule of quences, and presidents al- In Elk City, some controversy has brewed lately about Something similar can be protection to commercial ad- lenity,” which tells courts to most always get the kind of said about every Supreme vertising? tule in favor of criminal de- political signs in yards and an ordinance that prohibits justices that they want. But Court nominee over the last On these questions, any fendants when statutes are them from being posted more than 30 days before an elec- half-century. answer would be specula- ambiguous. it’s also important, and per- tion. The issue will be discussed Monday at the city com- At the same time, the court tive. Even though Barrett is It looks as if Gorsuch may haps a consolation, to say mission meeting. is capable of big surprises. highly likely to show conser- have libertarian leanings, that on particular occasions, For example, many experts vative voting patterns, and helping to explain his deci- they are going to be sur- Do I have an opinion about this issue? Yes. Do I want to express it in this space or publicly? No. did not predict that in 2015, even if we know the same sive vote, in 2020, to protect prised - and disappointed. it would rule in favor of about the five other Repub- a Native American against Cass R. Sunstein is a Reporters, by and large, shouldn’t offer opinions about same-sex marriage; that in lican appointees, it is hard to prosecution in state court. Bloomberg Opinion col- the beats they cover, whether that be the city, schools or 2020, it would strike down be certain how they will vote “Today we are asked umnist. He is the author of sports or other areas or issues of interest to the public. President Donald Trump’s in individual cases. There whether the land these trea- “Too Much Information” Opinions can be delivered on the op-ed page, and are decision to repeal President are three main reasons. ties promised remains an In- and a co-author of “Nudge: done so often by an editor or publisher. As a reporter-ed- Barack Obama’s Deferred The first is that even if jus- dian reservation for purpos- Improving Decisions About Action for Childhood Ar- tices can be characterized es of federal criminal law,” Health, Wealth and Happi- itor here, I want to be careful about what I opine about. rivals program, designed to as conservative, they might Gorsuch wrote. “Because ness.” Writing a review about a local play is an exception to the rule, for example. Even though stories such as the sign issue can trigger What does it mean to be a ‘good Catholic?’ views about the role of government in our lives, it’s best for reporters to leave their opinions to themselves, and By Patrick T. Reardon liberals as “fascist bullies,” do? the merciful and the clean of especially keep it out of their reporting. Chicago Tribune acting “just like Hitler’s I doubt he would vote for heart. Can reporters offer their views on various issues outside Back in the 1980s, during Nazis did.” For him, the Joe Biden simply because He’s describing people the paper, such as on their personal social media pages? a holiday get-together, one only test of whether one is he’s Catholic. And I doubt he who are on the edges of of the family elders, who would vote for Trump solely things, not those in the cen- a Catholic is whether one That can be a tough call, and I have mixed views about was known for sweeping supports Republican candi- because the president has ter of power or trying to get it, especially because you have to balance one’s right of declarations, made a sweep- dates, especially President nominated another Catholic there. No politician is going free speech versus his or her role in the public eye. But ing declaration: Donald Trump, because of to the U.S. Supreme Court, to fit that description, but here’s a basic rule of thumb: Show good judgment. You “You can’t be a Repub- their opposition to abortion. Judge Amy Coney Barrett. maybe the measure of candi- do have some broad latitude on the subject matter, but I lican,” she said, “and be a You don’t have to be Cath- The thing is: Jesus never dates is the degree to which probably wouldn’t recommend chiming in on a local mat- good Catholic.” olic to know that the church wrote out a political plat- they see these people on the ter, including one that is controversial. From couch to couch, we has long taught that abortion form. All he had to say about margins as blessed. looked at each other and is morally wrong. politics - “Render to Caesar Jesus has two other things Years ago, before I had any social media account, I cov- ered a murder trial in the Houston area that gained lo- smiled gently, This woman By the same token, you're the things that are Caesar’s, to say: “Blessed are they in her 70s was upset with the also likely to know that, and to God the things that who hunger and thirst for cal and national attention and eventually was featured on efforts of GOP politicians at for millenniums, popes and are God’s” - leaves a lot of righteousness. ... Blessed are the CBS television program “48 Hours.” [Then known as the time to cut services to Catholic teaching have pro- room for interpretation. they who are persecuted for “48 Hours Mystery,” if memory serves me correct.] One the needy and boost military phetically warned the world Of course, Christians have the sake of righteousness.” day at the courthouse, someone approached me and asked spending, including nuclear against a host of other moral spent 2,000 years interpret- Oh, and one more: “Blessed for my opinion on the case. I declined. No one needed arms. But those of us in the wrongs. ing what he said and what are the peacemakers.” to know my views about the case, whether it was about room, good Catholics all, For instance, a half-cen- he did. Great saints and great knew it wasn’t that simple. tury ago, Pope Paul VI told For me, I don’t think so the prosecution, defense, evidence or defendant. And I geniuses over the past 20 Roman Catholicism may the United Nations, “War much about who’s a “good wouldn’t have sounded off on the trial on Facebook if I have a pope who has the ex no more. War never again.” Catholic.” I think more centuries have struggled to had been on it at the time. understand what Jesus is cathedra power, used rare- St. Pope John Paul II was a about who Jesus said were saying in that sermon and Keeping a lid on things holds true for most of what re- ly, to state that a particular staunch opponent of capital “blessed.” According to porters cover. That’s true even in sports, often called the dogma is absolutely and es- punishment, and, following Matthew’s gospel, he spelled what the implications are for toy department of the newspaper. Whether a team is top- those who want to follow sentially at the core of the on his lead, the present pope this out in the Sermon on faith. But the reality is that preached its abolition. his example and live by his notch, mediocre, bad or under-performing, I don’t think, the Mount. (Luke’s gospel teaching. for the most part, it’s wise for a reporter covering that the church’s nearly 1,3 bil- In addition, Pope Francis has fewer items, and says lion adherents across the has called for a “broad cul- the sermon was on a plain, T can’t say what Citi- team to share his or her views about performance, coach- globe have a wide range of tural revolution” to confront not on a hill. Just another zen Jesus would do in five ing decisions or other related matters, even if prompted. weeks. But when Citizen personal and often idiosyn- and make amends for “our example of the ambiguities And I know there can be exceptions to this rule, with too Reardon goes to vote, I’m cratic views about what is sin” of destroying the natu- around Jesus.) many examples to explore here. most important in the Catho- ral environment, and he has I would never claim to going to keep those Beati- At one paperI worked at many years ago, the sports re- lic belief system. preached against huge in- know how Citizen Jesus tudes in mind. porter insisted on writing a column about the high school That holiday family scene come disparities as the result would vote in November. Patrick T. Reardon is the football team’s play after each game. The coach often came back to me recently of “the idolatry of money.” But it seems to me that the author of nine books, in- cluding “Faith Stripped to complained to the writer directly afterward. Regardless of when I heard that a priest At times, _ individual Beatitudes - the “blesseds” whether the reporter’s views are valid, the reporter should in La Crosse, Wisconsin, priests and bishops assert - from the Sermon on the Its Essence: A Discordant put up a YouTube video in that Catholic citizens need Pilgrimage Through Shu- Mount would come into refrain from writing his opinions about the team, unless which he asserted, “You only consider one issue - play as he got ready to mark saku Endo’s ‘Silence,’” the it is an occasional analysis piece and labeled as such and cannot be Catholic and be a abortion - when casting their his ballot. poetry collection “Requiem fairly represents what occurred — e.g., penalties and turn- Democrat.” votes, but the official church “Blessed are the poor in for David” and the forth- overs sabotaged a team’s chances of winning. Later, in an interview, the has never done so. spirit,” he says as he starts. coming “The Loop: The ‘L’ Now, all of that said, I can make one observation these Rev. James Altman labeled So, I got to wondering: Blessed, too, he says, are Tracks That Shaped and days without reservation: Don’t forget to vote. liberal Catholics and other What would Citizen Jesus those grieving, the meek, Saved Chicago.”