I wouldn’t as an EMHC presume to judge the state of anyone’s soul, as a rule, that is between them and God and their confessor…
No one is being asked to judge someone’s soul.
Canon Law provides TWO circustances when a sinner should not recieve communion.
The one you are refereing to is Canon 916, in which a person who is conscience of mortal sin should not come up.
What ArchBishop Burke is refering to is a different Canon, Canon 915.
In that Canon, a person who is a public (manifest) sinner should be denied Communion by the minister.
The difference here is 916 deals with private sin, sin not know to the public.
915 deals with those who enage in actions that publically flaunt Church teachings.
So the bishop, and thus the EMHC’s do not judge a person, but rather their public ACTIONS.
That is why there are two seperate Canons, because one deals with the state of the soul, which can only be judged by God and the person, the other deals with public ACTIONS, which can be judged by others.
To be removed from the prohibiion of 916, the sinner must be Absolved of their sins.
To be removed from the prohibition of 915, the sinner must publically recant their actions or positions.