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喜忧参半的成绩单下,特朗普准备再次在美国最高法院检验自己的权力With a mixed scorecard, Trump poised to test his powers again at US Supreme Court

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10月2日-美国最高法院于周一开始新的九个月任期,就像结束上一个月任期一样,面临更多涉及唐纳德·特朗普总统影响深远的政策和激进使用权力的案件,这将继续考验法官们会允许他扩大权力的程度。

Oct 2 - The US Supreme Court begins its new nine-month term on Monday much as it ended its last one, confronted with more cases involving President Donald Trump's far-reaching policies and aggressive uses of power that will keep testing how far the justices will let him expand his authority.

该法院以6比3的保守派多数席位于6月结束了最后一个任期,该任期以特朗普行使总统权力为中心的法律斗争为主。法官们给了共和党总统几次重大胜利和几次重大损失。

The court, which has a 6-3 conservative majority, wrapped up its last term in June, one dominated by legal battles centered on Trump's exertion of presidential powers. The justices gave the Republican president several major wins and a few big losses.

考虑到政府正在准备由美国最高司法机构审查的一系列新案件,这个新术语有望让人感觉熟悉。法院已经同意审理特朗普在移民和寻求大规模驱逐出境问题上强硬立场的两项关键政策的争议--未经保释听证会的强制拘留,以及将被驱逐者迅速驱逐到本国以外的国家。

Considering the array of new cases that the administration is teeing up for review by the top US judicial body, the new term promises to feel familiar. Already, the court has agreed to hear disputes over two key policies underpinning Trump's hardline stance on immigration and pursuit of mass deportation — mandatory detention without a bond hearing, and the rapid expulsion of deportees to countries other than their own.

该政府还提出上诉,捍卫特朗普禁止跨性别者参军、削减学术补助金、任命联邦检察官以及暂停美墨边境庇护的措施。法院将在未来几周和几个月内决定是否审理这些案件。

The administration also has filed appeals defending Trump's ban on transgender people in the military, cuts to academic grants, efforts to install federal prosecutors, and suspension of asylum at the US-Mexico border. The court will decide whether to hear those cases in the weeks and months ahead.

突破界限在特朗普时代,法院的工作仍然取决于如何处理涉及愿意迅速采取行动并突破界限的总统的案件。

PUSHING BOUNDARIES In the Trump era, the work of the court continues to be defined by how it handles cases involving a president willing to move quickly and push boundaries.

雪城大学法学院教授珍妮·布林说:“最高法院一直在推动特朗普政府从根本上改变美国总统权力范围的努力。”

"The Supreme Court has consistently facilitated the Trump administration's efforts to radically transform the scope of presidential power in the United States," Syracuse University College of Law professor Jenny Breen said.

“特朗普的失败经常与一些法官担心经济不稳定有关。...但除了相当有限的案件之外,总统的损失很少,”布林说,他引用了法院针对特朗普全面全球关税以及他解雇美联储理事的企图的裁决。

"Trump's losses have frequently been tied to concerns related to fears of economic destabilization among some justices. ... But outside of that fairly limited universe of cases, losses for the president have been few and far between," said Breen, citing the court's rulings against Trump's sweeping global tariffs and his bid to fire a Federal Reserve governor.

上个学期,法院还让特朗普在限制与生俱来的公民身份和向芝加哥地区派遣国民警卫队的努力中败诉。

Last term, the court also handed Trump losses on his bids to curtail birthright citizenship and send National Guard troops to the Chicago area.

尽管遭受了这些损失,但法院一再允许特朗普推行下级法院阻碍的重大政策--限制移民、针对跨性别者、削减研究补助金等,同时对其合法性的挑战也随之而来。

Despite those losses, the court has repeatedly allowed Trump to pursue consequential policies — restricting immigration, targeting transgender people, cutting research grants, and more — that lower courts had impeded, while challenges to their legality play out.

这一具有里程碑意义的决定推翻了1935年的先例,让特朗普对独立政府监管机构保持控制权,极大地扩大了总统的权力。

In a landmark decision that overturned a 1935 precedent, it let Trump assert control over independent government regulators, vastly expanding presidential power.

法律专家表示,法院愿意支持一个强大的行政部门,但当特朗普的行动超出国会通过的法律范围时,法院就会受到限制。

Legal experts said the court is willing to endorse a strong executive branch, but has limits when Trump moves too far beyond the laws that Congress has passed.

总统权力专家、哈佛法学院教授达芙娜·雷南(Daphna Renan)表示:“在极少数情况下,当最高法院与特朗普总统对抗时,它是通过执行联邦法律。”

"In those rare instances when the Supreme Court has stood up to President Trump, it has been by enforcing federal laws," said Harvard Law School professor Daphna Renan, an expert in presidential power.

“相比之下,当法院藐视或宣布涉及总统职位的联邦法律无效时..这让特朗普更加大胆,也让他自己违法,”雷南说,并以特朗普战胜独立监管机构的胜利为例。

"By contrast, when the court has defied or invalidated federal laws that touch on the presidency ... it has emboldened Trump and enabled his own law-breaking," Renan said, citing Trump's victory over independent regulators as an example.

不是橡皮图章,不是抵抗“这不是橡皮图章,也不是抵抗,”曾在最高法院为多起案件辩护的律师摩根·拉特纳说。

NOT RUBBER STAMP, NOT RESISTANCE "It's not a rubber stamp, and it's not the resistance," said Morgan Ratner, a lawyer who has argued numerous cases before the Supreme Court.

拉特纳表示,法院大力关注维持美国宪法规定的政府三个部门(行政、立法和司法)之间的结构性平衡。拉特纳表示,特朗普在最高法院的表现将因这个问题而发生变化。

Ratner said the court is focusing strongly on maintaining the structural balance between the three branches of government — executive, legislative and judicial — set out by the US Constitution. How Trump fares at the Supreme Court will shift based on that issue, Ratner said.

拉特纳说,总统对行政部门官员的权力将“强烈削弱对他有利”。“但当我们谈论总统所做的事情更接近国会的管辖范围或扩大法定权力的狭隘授予时,这将对他不利。"

Presidential power over executive branch officials will "cut strongly in his favor," Ratner said. "But when we're talking about the president doing things that push closer to Congress's domain or that expand on narrow grants of statutory authority, that's going to cut against him."

曾在民主党前总统巴拉克·奥巴马(Barack Obama)领导下担任美国司法部长的唐纳德·韦里利(Donald Verrili)表示:“法院主张其独立于总统。”“这是在一个非常严重的时刻这样做的..宪法冲突正在发生,总统正在主张或试图这样做,”韦里利最近在乔治城大学的一次小组讨论中说道。

Donald Verrilli, who served as US solicitor general under Democratic former President Barack Obama, said, "The court is asserting its independence from the president." "It's doing so at a time in which there really is a pretty darn serious ... constitutional clash going on, in which the president is asserting an enormous amount of executive authority or trying to do so," Verrilli said during a recent panel discussion at Georgetown University.

特朗普解雇特朗普本人并没有掉以轻心地对待自己遭受的损失。他继续严厉谴责法官在各种案件中对他不利的裁决。

TRUMP LASHES OUT Trump himself has not taken the losses he suffered lightly. He continues to castigate the justices for ruling against him in various cases.

他最近将愤怒集中在尼尔·戈萨奇(Neil Gorsuch)、布雷特·卡瓦诺(Brett Kavanaugh)和艾米·科尼·巴雷特(Amy Coney Barrett)身上,这是他在第一个任期内任命的三名保守派法官,暗示他们对他不够忠诚。特朗普表示,他们“只是原始自我的躯壳”,他对提名他们感到遗憾。

He has recently focused his ire on Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, the three conservative justices he appointed during his first term in office, suggesting they are insufficiently loyal to him. Trump has said they are "merely a shell of their original selves," and that he regrets nominating them.

他们被任命为最高法院法官,奠定了目前保守派的绝对多数席位,自2020年以来,这一局面一直在戏剧性地转向。法院取消了堕胎权、扩大了枪支和宗教权利、拒绝了具有种族意识的大学招生政策以及限制联邦机构的权力等决定。

Their appointments to the court built its current conservative supermajority that has steered a dramatic rightward course since 2020. The court has rolled back abortion rights, expanded gun and religious rights, rejected race-conscious collegiate admissions policies, and limited the power of federal agencies, among other decisions.

法院选择需要解决的案件,预计将给自己更多机会来定义特朗普的权力范围。

The court, which chooses the cases it takes up to resolve, is expected to give itself more chances to define the scope of Trump's authority.

法院可能再次站在特朗普一边的问题之一是测试他对跨性别军队禁令的合法性的案件。政府正在对一项司法裁决提出上诉,该裁决的结论是,该政策似乎是出于损害政治上不受欢迎群体的违宪愿望。

Among the issues on which the court may again side with Trump is in a case testing the legality of his ban on transgender troops. The administration is appealing a judicial decision concluding that the policy appeared to be driven by an unconstitutional desire to harm a politically unpopular group.

去年,法院的保守派多数派对该禁令提出了另一项挑战,在法律挑战继续进行的同时,让该政策生效。

The court's conservative majority, acting in a separate challenge to the ban, last year let the policy take effect while that legal challenge proceeded.

自去年以来,法院的多数派还对跨性别学生运动员做出了不利的裁决,允许政府禁止护照申请人在文件中指定自己的性别身份,并允许各州禁止为跨性别青年提供性别肯定的医疗护理。

Since last year, the court's majority also has ruled against transgender student athletes, allowed the administration to bar passport applicants from designating their gender identities for the document, and allowed states to ban gender-affirming medical care for transgender youth.

在本学期将审理的一起案件中,特朗普政府支持华盛顿州家长挑战保护在庇护所寻求性别肯定护理的跨性别离家出走儿童权利的法律。

In a case to be heard this term, Trump's administration is backing a bid by parents in Washington state to challenge laws protecting the rights of transgender runaway children who seek gender-affirming care at shelters.

在12月将审理的另一起重大案件中,特朗普政府支持对州级对突击步枪限制的合法性提出挑战,此案可能会给法官们另一次扩大枪支权利的机会。

In another major case to be argued in December, Trump's administration is backing a challenge to the legality of state-level restrictions on assault-style rifles, a case that could give the justices another chance to expand gun rights.