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Lucas: Consider where you stand in the national debate

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EidtPerspLucas-sigI had a journalism professor in college who was very fond of saying, “Remember, every story has two sides. It is your job as a reporter to take neither of them.”

Frankly, I think that is impossible. Journalists are human, too, (although I realize some might argue this point with me) and we are all prone to opinion. I always thought it would have been much more appropriate for my professor to have said, “Every story has two sides, but it is your job as a reporter to never let your reader know which side you take.”

Last week was a difficult one for those covering the news to avoid taking sides. The constitutionality of several very important issues – including the Arizona immigration law and the Affordable Care Act – were ruled on by the Supreme Court of the United States.

To quote a law school scene from one of my favorite movies – “the law is reason, free from passion.” (The quote is actually from Aristotle but, “Legally Blonde” fans, you know where I’m going with this.) As Elle Woods pointed out at her Harvard Law graduation, “No offense to Aristotle, but I have found … passion is a key ingredient to the study and practice of law.”

While it might not have a place in the decisions of the court, passion clearly poured from those waiting for and affected by the decisions.

Take the immigration issue, for example. A nation must have laws and those laws must be upheld to maintain order. There is a process in place for those who want to immigrate to the United States, and is it fair to those who follow the rules and go through that process to allow those who don’t to stay in this country? It is understandable why some ask and demand answers to that question.

But the answers aren’t as defined as our borders. What about those young people who are in this country because they were brought here at a very young age by their parents. The reasons their parents came vary. The Indiana Lawyer reported last fall the story of a young woman who was close to earning her college degree but had to drop out of school because a change in Indiana law in 2011 no longer allowed her to receive in-state tuition. She could not afford to pay out-of-state rates. True, she was an undocumented immigrant and the law is the law. But her reality is that she has lived in Indiana most of her life and only in the last couple of years learned of her undocumented status. Whether the change is fair or not can be debated, but the situation for one young girl was still heartbreaking.

While the IL staff recognizes the passion that many who are involved in these cases feel, we strive to report the news, provide ample facts, and allow you to come to your own opinion. On Page 3 we report on the Supreme Court’s immigration decision and its possible impact in Indiana, and on this page immigration attorney Angela Adams explains the potential impact of the policy change concerning young undocumented immigrants announced by the president in June.

While politics is undeniably a part of these debates, more than one analyst has opined that the split of the court in its opinion on the Affordable Care Act could be viewed as dampening arguments some have made about the politicizing of the Supreme Court. That verdict is still out. But as discussions continue about immigration, health care, and many of the other controversial issues on the national agenda – and about the only thing we know for certain at this point is that they will continue – I hope that many of us can spend a little less time worrying about what side we are on, and a little more time thinking about where we should stand.•

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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