
9月15日,广播记者在美国首都华盛顿特区的联邦最高法院前工作。新庭期将于周一开始。
Broadcast journalists work in front of the U.S. Supreme Court in Washington, D.C., on Sept. 15. The new term begins on Monday.
Roberto Schmidt/AFP via Getty Images 美国联邦最高法院将于周一正式开启新庭期,将审理涉及宗教、半自动武器禁令、气候变化、移民等重大案件,以及——在幕后等候的——选举法案件。
Roberto Schmidt/AFP via Getty Images The U.S. Supreme Court formally opens a new term on Monday, with big test cases on religion, bans on semi-automatic weapons, climate change, immigration and — waiting in the wings — election law cases.
过去,10月的第一个周一标志着最高法院新庭期的开始。从技术层面讲,这依然属实。但从实际操作来看,法院在所有辩论案件作出判决后、原本平静的夏季月份已不复存在。
It used to be that the first Monday in October marked the beginning of a new Supreme Court term. And that's still true, technically. But for all practical purposes, the formerly quiet summer months after the court finishes its opinions in all argued cases no longer exists.
确实,正如乔治城大学法学教授Stephen Vladeck所观察到的,特朗普政府时期紧急上诉案件数量激增,而与此同时,经过充分庭审和辩论的案件数量多年来大幅下降。
Indeed, as Georgetown University law professor Stephen Vladeck observes, the number of emergency appeals has ballooned during the Trump administration, while at the same time, fully briefed and argued cases have dropped precipitously over the years.
Vladeck指出:“如今,法院针对紧急申请作出的全院裁决数量,是实质案件庭审裁决数量的两倍。”他补充道:“这是一个非常新的现象。”区别在于,紧急案件庭审的裁决往往迅速作出,简报极少,无口头辩论,且最终极少或根本不解释裁决理由。相比之下,实质案件的裁决通常在充分简报和漫长口头辩论后,经过数月酝酿才作出。
"So now we have twice as many full court rulings on emergency applications as we have on the merits docket," Vladeck observes, adding, "That is a very new phenomenon." The difference is that decisions on the emergency docket are rendered quickly, with little briefing, no oral arguments, and ultimately little or no explanation of the ruling. In contrast, a decision on the merits is typically worked on for months after full briefing and lengthy oral arguments. Of late, the court seems to be making an effort to offer some limited explanations of its emergency docket rulings, but lower court judges, both liberal and conservative, complain that isn't enough to provide them with adequate guidance.
近期,法院似乎在努力为其紧急案件庭审裁决提供一些有限的解释,但无论自由派还是保守派的下级法院法官都抱怨这不足以给他们提供充分指导。而特朗普政府经常采取过去罕见的做法,跳过其视为敌对的下级上诉法院,直接向最高法院寻求裁决。在此背景下,以下是法院未来几周将审理的案件:气候变化 周一将审理的首个案件,将考验州和地方政府能否起诉能源公司,指控其涉嫌欺骗公众,隐瞒化石燃料的破坏性影响。
And the Trump administration often takes what used to be the rare step of getting to the Supreme Court by leapfrogging over lower appellate courts that the administration views as hostile. With that backdrop, here are the cases the court will be hearing in the coming weeks: Climate change The opening case, to be argued Monday, tests whether state and local governments can sue energy companies for allegedly deceiving the public about the damaging effects of fossil fuels.
哈佛法学院教授、在华盛顿特区执业的律师迪帕克·古普塔表示:“理论依据是,被告能源公司多年来欺骗公众。”他指出,这些公司多年来对公众宣称的内容,“与公司自身科学家所知的情况截然相反,而这种欺骗的代价由当地承担。”话虽如此,大多数法庭观察人士认为,这对环保人士而言是一场艰难的战役。
"The theory is that the energy company defendants deceived the public for many years," says Deepak Gupta, who teaches at Harvard Law School and practices law in Washington, D.C. What the companies were telling the public for years, he says, is "the opposite of what the company's own scientists knew, and the local cost of that deception." That said, however, most court observers see the case as an uphill battle for environmentalists.
宗教 就连锁反应而言,本届法庭迄今最大的案件或许涉及宗教议题——在这一领域,法院的保守派超级多数已大幅改变其法律教义。确实,在近一个世纪的大部分时间里,最高法院强调第一修正案规定的政教分离,宗教自由发挥着重要但次要的作用。然而,自特朗普总统任命三位新大法官以来,局势已发生变化。
Religion Perhaps the biggest case of the term so far, in terms of ripple effects, involves religion, a subject on which the court's conservative super majority has dramatically changed its legal doctrine. Indeed for the better part of a century, the Supreme Court emphasized the First Amendment's separation of church and state, with the free exercise of religion playing an important — but secondary — role. Since President Trump's appointment of three new justices, however, things have changed.
密歇根州立大学法学教授弗兰克·拉维奇观察道:“这简直是与不久前的法律完全背道而驰,是一个彻底的转变。”
"It's literally the opposite of what the law was not that long ago, and it's just a complete shift," observes Michigan State University law professor Frank Ravitch.
事实上,法院可能即将要求纳税人为拒绝接纳LGBTQ学生和家长的宗教学校提供资金。上一届任期,大法官们在另一个案件中因艾米·科尼·巴雷特大法官因利益冲突而回避,导致在该问题上陷入僵局。4比4的平票自动维持了俄克拉荷马州最高法院的判决,该判决禁止公开的宗教特许学校获得纳税人资助。但今年,该问题在一个来自科罗拉多州的案件中再次出现。该案件的核心是一项州法律,该法律提供面向所有学生的普遍学前教育项目,无论种族、族裔、宗教信仰、性取向或性别认同如何。
The court may, in fact, be on the verge of requiring taxpayers to fund religious schools that refuse to admit LGBTQ students and parents. Last term the justices deadlocked on the issue in a separate case after Justice Amy Coney Barrett recused herself because of a conflict. The 4-4 tie vote automatically left in place an Oklahoma Supreme Court decision that barred overtly religious charter schools from from being funded by the taxpayers. But this year the issue is back in a case from Colorado. The case centers on a state law that provides universal preschool programs that are open to all students, regardless of race, ethnicity, religious affiliation, sexual orientation or gender identity.
科罗拉多州利特尔顿的圣玛丽天主教堂希望获得该州普遍学前教育法保证的州资助。但它不想接纳LGBTQ学生或同性/跨性别父母的孩子。该教区坚持认为,这种招生要求将侵犯教会自由行使宗教的权利。州政府则反驳称,资助教会学校将违反该州的反歧视法。
St. Mary Catholic Parish in Littleton, Colo., wants the state funding guaranteed in the state's universal pre-k law. But it doesn't want to admit LGBTQ students or students with gay or trans parents. The parish maintains such admissions would violate church's right to the free exercise of religion. The state counters that funding the church school would violate the state's anti-discrimination law.
法院的保守派多数在多个案件中裁定支持宗教豁免普遍适用的法律。然而,直到现在,法院从未裁定宗教学校有权获得纳税人的全额资助。但考虑到当前法院的观点,加上巴雷特大法官参与了科罗拉多州案件的审理,纳税人很可能最终不得不为科罗拉多州及其他地方的宗教学校提供资助。
The court's conservative majority has, in multiple cases, ruled in favor of religious exemptions from generally applicable laws. Until now, however, the court has never said that religious schools are entitled to full taxpayer funding. But given the current court's views, and with Justice Barrett participating in the Colorado case, taxpayers could well end up having to fund religious schools in Colorado and elsewhere.
半自动武器禁令 12月,法院将审理一个案件,以检验当州和地方政府禁止AR-15等半自动武器时,是否违宪侵犯了第二修正案赋予的持枪权。前美国联邦政府律师唐·韦里利从两个不同角度阐述了这一问题。
Bans on semi-automatic weapons In December the court will hear a case testing whether state and local governments violate the Second Amendment right to bear arms when they ban semi-automatic weapons, like the AR-15. Former Solicitor General Don Verrilli Jr., articulates two different ways to look at the question.
一方面,AR-15“在无需任何改装的情况下每分钟可发射100发以上子弹”,若加装各种改装件,则可达每分钟500发。另一方面,他指出,数百万美国人拥有AR-15,“要建议所有这些美国人……被剥夺武器,将造成极大的破坏。”
On the one hand the AR-15 "can deliver upwards of 100 bullets per minute" without any enhancements, and 500 bullets per minute with various enhancements. On the other hand, he notes that millions of Americans own AR-15s, "and it would be quite disruptive to suggest all these Americans ... would be dispossessed of their weapons."
为枪主代理过大量案件的律师艾琳·墨菲表示,“唯一最重要的问题是由谁来决定你能拥有什么枪”,他认为,“说‘你拥有对抗政府的权利,但政府却决定你能获得哪些武器’这种说法毫无道理。”
Lawyer Erin Murphy, who has litigated lots of cases on behalf of gun owners, says the "single most important question is who gets to decide what guns you have," and he argues it makes no sense to say, "You've got this right against the government, but the government decides which arms you can get."
移民 特朗普政府在移民案件中反复采取过往任何政府从未采用的立场。最近,法院宣布将审理并裁决一起案件,以测试当原籍国拒绝接收移民时,国土安全部是否可以将移民驱逐到所谓的“第三国”。自特朗普开启第二任期以来,其政府已将数千人驱逐至他们毫无关联、可能不懂语言、常被监禁且据称遭受酷刑的第三世界国家。法院已两次阻止阻碍“第三国政策”的下级法院裁决,如今大法官们表示将于12月就该政策听取辩论。
Immigration The Trump administration has repeatedly taken positions in immigration cases that no other administration has adopted. Most recently, the court announced it would hear arguments and decide a case testing whether the Department of Homeland Security may deport migrants to so-called "third countries," when their countries of origin refuse to accept them. Since Trump began his second term, his administration has deported thousands of people to third world countries where they have no connections, may not speak the language, have often been jailed and allegedly subject to torture. The court has twice blocked lower court decisions that prevented the third country policy, and now the justices have said they will hear arguments about the policy in December.
在第二起移民案件中,争议焦点是特朗普政府的一项政策,即无论非法移民在美国停留多久,都在无保释听证的情况下将其拘留。
In a second immigration case, the issue is the Trump administration's policy of detaining undocumented immigrants without a bond hearing, regardless of how long they have been in the U.S.
可能的案件:十诫及其他 还有许多案件在等待大法官们审理。其中一起案件旨在推翻最高法院近半个世纪前的判例;该判例禁止公立学校在教室张贴十诫。然而,得克萨斯州、阿肯色州、路易斯安那州和阿拉巴马州已通过与最高法院1980年裁决相冲突的法律,下级法院对此问题意见分歧。这种分歧几乎可以确保最高法院将重新审视这一问题。
Possible cases: The 10 commandments and much more There are many more cases waiting in the wings that the justices may take up. Among them is a case that seeks to reverse a nearly half-century-old Supreme Court precedent; it bars public schools from posting the Ten Commandments in public school classrooms. Now, however, Texas, Arkansas, Louisiana and Alabama have passed laws that conflict with the Supreme Court's 1980 ruling, and the lower courts are split on the question. That split all but guarantees the the Supreme Court will revisit the question.
另一起可能在本届会期上诉至法院的案件,将考验各州能否监管Kalshi——这家估值400亿美元的预测市场巨头,让体育迷们可以押注从下一球投球到让分盘口的一切,或者在另一极,押注最高法院案件的判决结果。
Another case that could to make it to the court this term tests whether states can regulate Kalshi, the $40 billion prediction market behemoth that has sports fans betting on everything from the next pitch to the point spread or at the other end of the spectrum, betting on the outcome of Supreme Court cases.
还有一些案件是特朗普政府拖延了近两年才推进的,此前政府在下级法院迅速败诉。典型例子包括政府试图拒绝向哈佛大学发放医学研究拨款,以及试图拒绝向律师事务所发放安全许可,还有寻求向特朗普视为敌对的律师事务所索赔。今年早些时候,司法部曾告知华盛顿联邦法院将撤销针对律师事务所的诉讼。但第二天又回到法院反悔。
And then there are cases that the Trump administration has slow-walked for close to two years, after quickly losing in the lower courts. Prime examples are the administration's attempt to deny medical research grants to Harvard University, and other attempts to deny security clearances to law firms, as well as seeking money damages from law firms Trump views as hostile. Earlier this year the Justice Department told a federal court in Washington that it was dropping the law firm cases. But the next day it went back to court to reverse course.
斯坦福大学法学教授帕姆·卡尔兰表示:“他们不想受理注定会输的案件,但另一方面,他们有一个希望所有案件都上诉到那里[最高法院]的老板。”
"They don't want to take up cases that they're going to lose, but on the other hand, they have a boss who wants everything taken up there [to the Supreme Court]," says Stanford University law professor Pam Karlan.
乔治城大学的弗拉德克教授补充道,在他看来,“即将到来的庭审期的真实故事尚未书写,因为我们回顾时会认为是该庭审期最大案件的那些案件……目前尚未列入审理日程。”
Georgetown's professor Vladeck adds that in his view, "The real story of the upcoming term hasn't been written yet because what we're going to look back on as the biggest cases of the term … are not on the docket yet."
选举 更直接的是,无论喜不喜欢,大法官们极有可能被卷入选举。特朗普政府已以多种方式试图影响选举,目前不清楚政府未来可能采取什么行动。
Elections More immediately, the probability is that like it or not the justices will be drawn into the election. The Trump administration has sought to influence elections in numerous ways, and it's unclear what efforts the administration might take going forward.
民主党已安排了一大批律师随时应对现场问题——无论是临时更换投票站,还是联邦特工驻扎在投票站附近。但如果出现严重的投票问题,它们很可能最终会摆在最高法院面前——进入紧急审理日程。
Democrats have a battalion of lawyers lined up to deal with problems on the ground — whether it's moving polling places at the last minute or having federal agents stationed near polling places. But if there are serious voting problems, they will likely end up at the Supreme Court's door — on the emergency docket.