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阿利托的第一本书把保守正义推上风口浅Alito’s first book pushes conservative justice into spotlight

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二十年加入最高法院后,阿尔托司法部长加入了大法官作者的行列。阿尔托的第一本书《如此裁定》定于本周二发布,这是一本由他多年来发表的演讲改编而成的合集,其中涉及堕胎、原旨主义、对司法体系的威胁等议题。对于那些密切关注这位保守派大法官的言行的人来说,这本书并没有带来多少新的内容。然而,本周二的发布使阿尔托在政治热点案件频出的这个时候,更加走进公众视野,而民意调查显示,多数公众对这位大法官还没有足够的了解来形成意见。

Two decades after joining the Supreme Court, Justice Samuel Alito joins the ranks of justices as authors. Alito's first book, “So Ordered,” set for release Tuesday, is an adapted collection of speeches he’s given over the years commenting on abortion, originalism, threats to the judiciary and more. It doesn’t break much new ground for those who’ve closely followed the conservative justice’s every word with bated breath. Still, Tuesday’s launch thrusts Alito further into the public limelight at a time when the Supreme Court is beginning another term packed with politically charged cases, all while pollsters indicate a majority of the public hasn’t heard enough to form an opinion of the justice.

阿尔托在2017年一场针对保守智库的演讲中写道:“在我的一生中,关于重要课题的言论自由从未如此危险。”他在2024年于一所天主教大学发表的演讲中写道:“许多学生不愿听到他们认为令人反感的论点,而许多其他人则害怕自由发言。”

“Today, freedom of speech on important subjects is in greater danger than at any prior time in my lifetime,” Alito wrote in his adapted 2017 speech to a conservative think tank. Adapting a 2024 speech he gave at a Catholic university, Alito wrote, "Many students don’t want to hear arguments they find objectionable. And many others are afraid of speaking freely.”

他在一场2010年演讲的改编版中说:“让法官做法官。因为如果他们不能这样做,我们所熟知的法律体系将会消逝。”

“Let judges be judges. For if they are not, our legal system, as we know it, will fade away,” he said in an adaptation of a 2010 speech.

与一些在加入最高法院后便签订图书合同的同事们不同,这次项目标志着阿尔托自2005年被时任总统乔治·W·布什提名以来出版的第一本正式书籍。长期以来,前同事和朋友们都将这位大法官描述为内向,不过他至今尚未宣布任何广泛的图书巡回活动。阿尔托拒绝了《希尔报》的采访请求。

Unlike some of his colleagues who signed book deals soon after joining the Supreme Court, the project marks Alito’s first published book since being nominated by then-President George W. Bush in 2005. The justice, long described by former colleagues and friends as introverted, has yet to announce any extensive book tour. Alito declined The Hill’s request to be interviewed for this story.

《如此裁定:一位原旨主义者对宪法、法院和我们的国家的观点》收录了阿尔托从2007年至去年发表的演讲。其中包括在法学院、律师协会活动和司法会议上的演讲。

“So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country” spans speeches Alito has given dating back to 2007 through last year. It includes talks at law schools, bar association events and judicial conferences.

“这些演讲并不是为了将来要编结成一本书而构思的,”阿尔托写道。

“They were not composed with the idea that they would eventually be woven together into a book,” Alito writes.

相对较少的大法官——凯坦吉·布朗·杰克逊、罗斯·贝德·金斯伯格和约翰·保罗·斯蒂文斯——在之后在网上发布了他们的备稿演讲记录。而阿利托并没有这样做,留下了一些媒体报道和偶尔的录音。

Relatively few justices — Ketanji Brown Jackson, Ruth Bader Ginsburg and John Paul Stevens — have published transcripts of their prepared speeches online afterward. And Alito has not, leaving a scattering of media reports and an occasional recording.

阿利托的选择中有一篇2021年在圣母大学法学院发表的演讲,他在其中回应了对最高法院紧急审理案件的批评,这些批评在第一个特朗普政府和新冠疫情期间活跃起来。尽管他的评论是直播的,但学校并没有发布录音。自那以后,一位教授在今年早些时候发表的一篇法律评论文章中写道,非官方的记录像“地下出版物”一样在学者之间流传。

Among Alito’s selections is a 2021 speech he gave at Notre Dame Law School responding to criticisms of the Supreme Court’s emergency docket, which erupted in activity during the first Trump administration and the COVID-19 pandemic. Though his comments were livestreamed, the school didn’t post a recording. Unofficial accounts had since “circulate[d] like samizdat” among scholars, one professor wrote in a law review article published earlier this year.

该书还特别收录了阿利托一年前在保守法律团体联邦主义者学会年会上发表的虚拟演讲。这次演讲在阿利托表示疫情导致了“前所未有”的民事自由限制之后,遭到了他的批评者的谴责。在书中,这是题为“对宪政的威胁”的一个部分。阿利托在他对这篇2020年演讲的改编中写道:“新冠危机已成为一种某种形式的宪政压力测试。正是出于这样的原因,它凸显了在病毒爆发之前就已经存在的令人不安的趋势,这些趋势我们必须在危机结束后抵制和逆转。”

The book also notably includes Alito’s virtual address delivered a year prior to the annual convention of the Federalist Society, the conservative legal group. It drew condemnation from his critics after Alito said the pandemic had caused “previously unimaginable” restrictions on civil liberties. In the book, it’s part of a section titled “Threats to the Constitution.”“The Covid crisis has served as a sort of constitutional stress test,” Alito wrote in his adaptation of that 2020 speech. “And in doing so, it has highlighted disturbing trends that were already present before the virus struck, trends that we must resist and reverse when the crisis is over.”

阿利托作为最高法院6比3保守多数的关键成员,在他的演讲和书中并不回避文化战或法院最有争议的决定。他最为人所知的是-authored-2022年推翻罗诉韦德的决定,该决定确立了堕胎的宪政权利。在接受“福克斯新闻星期日”采访时,阿利托表示他预料到这一决定会让“很多人”感到愤怒。“我并不奇怪会有这样的反应。”

Alito, a key member of the Supreme Court’s 6-3 conservative majority, doesn’t shy away from the culture wars or some of the court’s most controversial decisions in his speeches and the book. He’s arguably most known for authoring the 2022 decision overturning Roe v. Wade, which had established a constitutional right to abortion. Speaking with “Fox News Sunday," Alito said he had anticipated the decision would anger “many people.”“I wasn't surprised that there was such a reaction. I didn't anticipate the particulars,” Alito said, noting his draft majority opinion was leaked, and his colleague, Justice Brett Kavanaugh, faced an assassination attempt at his home.

“我并未预料到会出现这些情况,”阿利托说道。他提到自己撰写的多数意见草案遭泄露,而他的同事布雷特·卡瓦诺大法官的住宅还遭到了暗杀企图。最高法院从未公开指认泄密者,称按照“证据优势”标准仍无法确定责任人。长期以来,阿利托一直暗示自己心中有怀疑对象。此次新书发布再次引发了相关讨论,不过阿利托表示自己的观点并未改变。“我确实有自己的判断,但目前掌握的证据还不足以让法庭或我本人断定此人就是泄密者,”阿利托在接受《福克斯新闻周日版》采访时说道。

The Supreme Court has never publicly identified the leaker, saying it can’t find a person responsible under a “preponderance of the evidence” standard. Alito has long publicly suggested he has someone in mind. His book launch renewed the question, and the justice isn’t suggesting his views have changed. “I do have an opinion. But the evidence available at this time is not strong enough for the court or for me to say this is the person who was responsible,” Alito told “Fox News Sunday.”

民调数据显示,尽管堕胎议题始终是美国社会关注的焦点,但阿利托仍是知名度排名倒数第三的大法官。根据马凯特法学院7月份的一项调查,34%的成年人表示从未听说过阿利托,这一比例仅次于尼尔·戈萨奇与埃琳娜·卡根两位大法官。另有27%的受访者称对阿利托了解甚少,因而无法形成看法。该民调的误差幅度为3.2个百分点。

Despite the abortion decision’s continued prominence in American life, Alito remains the third least-known justice, polling data shows. According to a July Marquette Law School poll, 34 percent of adults said they hadn’t heard of him, a figure only surpassed by Justices Neil Gorsuch and Elena Kagan. Another 27 percent said they hadn’t heard enough about Alito to form an opinion. The poll had a margin of error of 3.2 percentage points.

周一,阿利托步入法庭开始其第22个任期。他迅速落座,并未向旁听席投去目光。本任期首起案件涉及针对化石燃料企业的重大诉讼,阿利托选择回避审理;此刻他正与其他八位大法官一同出席庭审。在第二起案件开庭前的休庭期间,阿利托手持黄色便签本,听到首席大法官约翰·罗伯茨低声说话时,他面带笑容频频点头。

As he entered the courtroom for the start of his 22nd term Monday, Alito quickly took his seat without looking out at the gallery. He had recused from the first case of the term, a blockbuster state-court lawsuit against fossil fuel producers, and was joining his eight colleagues already on the bench. Alito — yellow legal pad in hand — was seen laughing and nodding along as Chief Justice John Roberts whispered something to him during the break before the second case began.

现年76岁的阿利托近年来频频被传可能退休。部分压力来自共和党人,他们原本希望能在中期选举前确认继任者人选,而民主党则试图借此机会夺取参议院控制权。阿利托向CBS新闻证实,他在本任期确实“考虑过”退休事宜,今后每年也会反复权衡此事。不过就目前而言,他仍会继续留任。

Alito, now 76, has faced increasing retirement speculation in recent years. Some of the pressure has come from Republicans, who had hoped they’d be able to confirm a successor before the midterm elections, when Democrats hope to flip the Senate. Alito confirmed to CBS News that he had “thought about” retirement this past term and he would continue to do so annually. But as of now, he’s staying put.

“我认为,像我这个年纪的人每个学期都得认真思考这个问题,”他说道。“但我坚信自己仍能做出有价值的贡献,这也是我最初立志成为大法官和法官的初衷。”

“It’s something, I think, that somebody at my age has to think about every term,” he said. “But I thought that I could still make a valuable contribution, which is why I became a justice and a judge in the first place.”