What Antonin Scalia would say about Donald Trump’s flag tweet

On behalf of The Sacramento Bee’s editorial board, welcome to The Take, your opinion-politics newsletter. Please sign up for it here.

Our take

Sex between therapists and their clients is a grave violation of ethics. Doctors don’t operate on patients with whom they are involved. The U.S. Securities and Exchange Commission recently slapped the accounting firm of Ernst & Young with a $9.3 million fine after two of its auditors began dating clients, compromising their fiduciary independence. Journalists who sleep with their sources get fired. So why should it be OK for lawyers to have sex with their clients in California? That’s the question being posed by the State Bar, and it’s not only a good one – it’s also long overdue.


Sooner rather than later, Donald Trump must decide whether he wants to be president or a business tycoon. He cannot be both.


Joseph Panetta: Infectious diseases have afflicted humanity for centuries – the plague in the mid-1400s, cholera in the 1820s, polio in the early 1900s and AIDS in the 1980s. It hit close to home this summer when a mosquito-borne virus, Zika, infected more than 30,000 people in the U.S. with no vaccines or cures readily available. How can the U.S. better respond to infectious disease?


Amy Horne and Jim Branham: Here’s a new, better way to deal with dead trees in the Sierra Nevada.

Their take

Modesto Bee: Merry Melee. Just about the time Modesto starts feeling good about the holiday season, we get a punch to the gut. Or maybe a slap to the ear. Definitely a kick in the ribs.

Orange County Register: The Electoral College system for choosing presidents has been controversial since the nation’s founding, but never more than now and nowhere more than in California.

Pittsburgh Post-Gazette: U.S. Rep. Tim Murphy, R-Pa., a solid Republican by any measure, is making common cause with Hollywood actors, some of the more liberal members of American society. Their shared concern: an inhumane “Dr. Phil” program on actress Shelley Duvall.

Miami Herald: Four days after Fidel Castro’s death, Miami’s Cuban-exile community is expectantly preparing for what new reality will emerge for their homeland. Ding dong the witch is dead. What now?

Charlotte Observer: North Carolina Gov. Pat McCrory, it appears, is going through the five stages of grief. First came denial, then anger. Right now he’s in the bargaining stage. That, thankfully, means that depression and finally acceptance should not be far behind.

Syndicates’ take

Noah Feldman: Why Electoral College should vote for Donald Trump.

Leonard Pitts Jr.: Donald Trump is bad, but Jill Stein’s recount is idiotic.

Ruben Navarrette: Reindeer games at Trump Tower.

Dana Milbank: Donald Trump’s ‘news’ source: Alien lizards, fluoride mind control and voter fraud.

President-elect Trump’s twitter feed

“Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!” -- Donald J. Trump@realDonaldTrump

What Antonin Scalia would say

With Scalia writing for a 7-2 majority that included liberals, ... the high court in 2011 struck down a California law that sought to restrict minors’ access to violent video games on First Amendment grounds. Earlier, he was one of five votes to hold that burning the American flag was protected speech.