
最高法院大法官将于周一重返法庭开启新任期,其案件日程已因特朗普总统的移民议程等重大案件而迅速排满。
新任期伊始,最高法院公众支持率徘徊在历史低位附近,且笼罩在特朗普与大法官们——特别是他任命的保守派大法官,他们有时会裁决反对他——之间紧张关系的阴影之下。
The Supreme Court justices return to the bench Monday for their new term, and their docket is already filling up with new confrontations on President Trump’s immigration agenda, among other major cases.
“他们反对我太频繁了,”特朗普上周在接受《时代》杂志采访时说道,提到了大法官尼尔·戈萨奇、布雷特·卡瓦诺和艾米·科尼·巴雷特。“我给了他们终身职位,他们却经常反对我。当然他们也会支持我。”
The term begins at a moment when the court’s public approval stands near record lows and in the shadow of a fraught relationship between Trump and the justices, namely the conservatives he appointed to the bench who’ve at times ruled against him.
正是这种好坏参半的记录,引发了关于特朗普议程在本任期最高法院将如何演变的疑问,因为下级法院法官屡次叫停总统政策,导致争议源源不断地涌向大法官们。
“They voted against me too often,” Trump told Time magazine in an interview last week, referencing Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
仅在过去一周,大法官们就增加了政府提起的两起涉及总统移民议程的重大上诉,使案件日程大幅增加。
“I gave them the position of a lifetime, and they vote against me often. They vote for me, too.”
法院将审查官员在将移民驱逐至其无任何联系的第三国前,是否提供了足够的正当程序。
It’s that mixed record that has fueled questions about how Trump’s agenda will fare this term at the Supreme Court, as lower-court judges repeatedly block the president’s policies, prompting the disputes to continually reach the justices in a barrage.
他们还将裁决特朗普强制拘留政策的合法性,该政策在下级法院引发了诉讼海啸。这两起案件的判决预计将在夏季前作出。
“由于非法移民数量庞大——特别是在拜登政府时期,但多年来直至今日——这造成了难以置信的案件和问题积压,”司法危机网络主席、克拉伦斯·托马斯大法官的前法律助理卡丽·塞维诺表示,“特别是当这位总统试图真正执行移民法时。”
In just the past week, the justices cranked up their docket by adding two major appeals brought by the administration concerning the president’s immigration agenda.
“因此,移民问题绝对是一个议题。”这让那些在法庭上多次与总统交锋的团体,如美国公民自由联盟(ACLU),正准备在最高法院迎来又一个繁忙的年份。“上一届OT25是美国公民自由联盟有史以来最繁忙的届期之一,”该组织全国法律总监塞西莉亚·王上周在记者简报会上表示。“本届可能会超过上一届。”在上一届期为总统带来喜忧参半的结果后,倾向左翼的团体对他们在保守派占多数的法院前的胜算依然保持乐观。
The court will review whether officials are giving enough due process before deporting migrants to third countries where they have no ties. They’ll also rule on the legality of Trump’s mandatory detention policy, which has fueled a tsunami of litigation in the lower courts. Decisions in both cases are expected by summer. “Because of the vast number of illegal immigrants — particularly during the Biden administration, but for many years up until now — that just creates an incredible backlog of issues and concerns,” said Carrie Severino, president of the Judicial Crisis Network and a former law clerk to Justice Clarence Thomas, “particularly as this president is trying to actually enforce the immigration laws. “So, immigration is definitely an issue.” It leaves groups that’ve prolifically fought the president in court, like the American Civil Liberties Union (ACLU), gearing up for another major year at the Supreme Court. “Last term, OT25, was one of the ACLU's busiest ever,” Cecilia Wang, the group’s national legal director, told reporters during a briefing call last week. “This term may top that." Left-leaning groups have remained optimistic in their chances before the conservative-majority court after last term produced a mixed outcome for the president. The court delivered Trump major wins on executive control over independent agencies and immigration but also struck down his signature tariff policy, thwarted his efforts to restrict birthright citizenship and blocked him from immediately firing Federal Reserve governor Lisa Cook. Trump’s foes have also found relief in the justices’ recent emergency decisions that kept the president’s mail-in voting plan blocked ahead of the midterms. It’s some of those decisions that have left the president reeling. Trump, in one recent social media post, called his nominees "merely a shell of their original selves.”
法院在总统对独立机构的行政控制权和移民问题上给予特朗普重大胜利,但也推翻了其标志性的关税政策,挫败了其限制出生公民权的努力,并阻止他立即解职美联储理事丽莎·库克。在大选前,大法官们最近的紧急裁决维持了阻止总统邮寄投票计划的禁令,这也让特朗普的对手们松了一口气。正是其中一些裁决让总统感到震惊。
In an interview with CBS News set to air Sunday, Justice Samuel Alito brushed off any notion the justices have a political agenda and pointed out the bipartisan nature of court criticism. “He has his own way of saying things," Alito said of Trump.
特朗普最近在社交媒体上发帖称,他的提名人“只是他们原本模样的空壳。”在周日即将播出的哥伦比亚广播公司(CBS)专访中,大法官塞缪尔·阿利托驳回了大法官们有政治议程的任何说法,并指出对法院的批评具有两党性质。“他有自己表达的方式,”阿利托谈到特朗普时说。“但对法院的批评,我是说,我想公平对待这一点。拜登总统及其政府对法院和大法官的批评非常严厉。特朗普总统也非常严厉。”
"But the criticism of the court, I mean, I want to be even-handed on this. The criticism of the court by President Biden and justices by President Biden and his administration was very harsh. And President Trump has been very harsh.”The public attacks didn’t stop the president from inviting Kavanaugh and Barrett to join him at the recent state dinner hosted for Chinese President Xi Jinping, however.
然而,公开攻击并未阻止总统邀请卡瓦诺和巴雷特出席最近为中国国家主席习近平举行的国宐。不仅仅是特朗普在批评。最高法院的公众支持率接近历史低点。
It’s not just Trump being critical. The Supreme Court’s public approval stands near record lows.
根据盖洛普公司在九月初进行的民调,创纪录的43%美国人认为最高法院过于保守。受访者中,略超三分之一的人认为其意识形态立场“恰到好处”,17%的人则认为其过于自由派。除了即将审理的、直接涉及特朗普议程的案件外,还有一些案件触及了特朗普基本盘高度关注的政治议题。大法官们将听取对亚利桑那州法律的挑战,该法律要求选民在投票时提供公民身份证明文件,而共和党人希望将这一政策推广至全国联邦选举。
A record-high 43 percent of Americans believe the court is too conservative, according to a Gallup poll conducted in early September. Just over one-third of those surveyed said it was “just about right” ideologically and 17 percent said it was too liberal. Beyond the upcoming cases that directly implicate Trump’s agenda, some touch on political issues about which Trump's base cares deeply. The justices will hear challenges to an Arizona law that requires documentary proof of citizenship whening to vote, a policy Republicans want implemented nationwide for federal elections.
他们还将审理多起宗教自由争议,并审查各州禁止半自动武器(特别是AR-15步枪)的禁令是否符合宪法。塞维里诺表示:“我们目前的案件清单比通常这个时候要精彩得多。”她补充道:“在最高法院开庭初期,有些时候你看着他们已经受理的案件列表,会觉得‘哦,这可能会比较沉闷’。”美国公民自由联盟正请求最高法院增加受理案件。
They’ll also take up several religious liberty disputes and examine the constitutionality of state bans on semi-automatic weapons, specifically AR-15s. “We have a more exciting docket than we often do at this point,” said Severino. “At the beginning of the Supreme Court term, some terms you would look at the list of the cases they’ve accepted already, and say, ‘Oh, it's going to be kind of a snoozer,’” she added. ACLU is asking the Supreme Court to add more cases to its plate.
其待决请求中,有一项旨在宣布德克萨斯州要求公立学校教室张贴十诫的法律违宪。大法官们计划在德克萨斯州于今秋提交书面回应后,通过闭门会议考虑是否受理此案。王告诉记者:“我们的基本公民权利和自由正遭受来自各方的史无前例的攻击。”“其中许多斗争有可能在本届开庭期内上诉至最高法院。”周一,随着大法官们考虑一起涉及化石燃料行业的重磅案件,本届开庭期将以强劲势头拉开帷幕。
Among its pending requests is one that seeks to declare as unconstitutional Texas’s law requiring public school classrooms to post the Ten Commandments. The justices are set to consider taking up the case at a closed-door meeting after Texas responds in writing this fall. “Our fundamental civil rights and civil liberties are under unprecedented attacks from all quarters,” Wang told reporters. “And many of those fights are poised to potentially make it up to the Supreme Court this term.”On Monday, the term is set to begin with a bang as the justices consider a blockbuster case involving the fossil fuel industry.
最高法院将裁定,城市和组织能否依据州法,迫使企业就其被指控促成气候变化及误导公众一事,支付可能高达数十亿美元的赔偿金。上周,当法院宣布阿利托大法官在最后时刻回避时,该案出现了意想不到的转折。
The Supreme Court will decide if cities and groups can use state law to force companies to pay potentially billions in damages over accusations they contributed to climate change and misled the public. The case took an unanticipated turn last week when the court announced Alito’s last-minute recusal.
阿利托曾因在石油和天然气行业持有股票而面临退出该案件的压力,但他告诉彭博社,他的回避决定只是“出于谨慎考虑”,而非法律上的强制要求。对阿利托来说,这周还有其他重要的事情:周二他将出版自己自担任大法官以来的首本著作,书名为《So Ordered: An Originalist's View of the Constitution, the Court, and Our Country》。
Alito had faced pressure to exit the case due to perceived conflicts of interest related to his stock holdings in the oil and gas sector, but he told Bloomberg that his recusal was “prudent,” not required. It’s a big week for Alito for unrelated reasons. On Tuesday, he’s set to release his first authored book since joining the bench, titled, “So Ordered: An Originalist's View of the Constitution, the Court, and Our Country.”
这次媒体采访是他为宣传该书而进行的罕见公开活动的一部分。阿利托在接受CBS News采访时说:“在处理有争议的案件时,你难免会得罪某些人——因为总有一方会对你的决定感到不满。”
His CBS News interview is at the beginning of a rare media tour to promote it. “It’s part of the job that you’re going displease people by making decisions on controversial matters, because one side or the other is going to really dislike you,” Alito told the outlet.