字号·· | 护眼
NBC新闻

埃琳娜·卡根指责最高法院保守派多数破坏民主Elena Kagan accuses SCOTUS’ conservative majority of undermining democracy

点「原文对照」整页切到原文,或双击某段只看那段的原文。

大法官埃琳娜·卡根周二在华盛顿的美国天主教大学发表讲话。Aaron Schwartz / Bloomberg via GettyJustice Elena Kagan spoke at Catholic University of America in Washington on Tuesday. Aaron Schwartz / Bloomberg via Getty

华盛顿——自由派大法官埃琳娜·卡根周二严厉批评最高法院的保守派多数,称其在一系列裁决中削弱了民主,其中包括几项引发新一轮立法划区的裁决,这些裁决日益消除竞争性选区。卡根在这些案件中持反对意见,她还抨击多数派推翻竞选经费限制,并如她所言,对1965年《投票权法案》——该法案旨在保护少数族裔选民——的“肢解”。

WASHINGTON — Liberal Justice Elena Kagan sharply criticized the Supreme Court’s conservative majority Tuesday, saying it undermined democracy in a series of rulings, including several that have prompted a new wave of legislative map-drawing that has increasingly eliminated competitive districts. Kagan, who has dissented in those cases, also took aim at the majority for striking down campaign finance restrictions and, as she put it, the “evisceration” of the landmark 1965 Voting Rights Act that was enacted to protect minority voters.

她在华盛顿特区天主教大学法学院的讲话中说:“法院之所以判断错误,部分原因是缺乏对其决定后果的适当关注或理解。”她补充说:“我认为在所有这些领域,法院都对其裁决对政治体制运作的极其有害的影响视而不见,导致了一个运作不如应有水平的民主。”卡根特别指的是2019年裁决,该裁决认定联邦法院不能介入限制极端党派划区。

“Part of the reason why the court got it wrong was a kind of lack of the appropriate concern or understanding of the consequences of their decisions,” she said in remarks at Catholic University’s law school in Washington, D.C. “I do think in all these areas the court has blinded itself to the very deleterious effects of their rulings on how the political system works and has created a democracy that doesn’t work as well as it should,” she added. Kagan was referring in particular to the 2019 ruling that said federal courts could not intervene to limit extreme partisan gerrymandering.

她还提到一系列削弱《投票权法案》的裁决,包括今年的一项裁决,导致共和党州份取消多数黑人选区。法院还一贯推翻竞选经费限制,最近一次是在6月。随着11月3日的中期选举临近,多个州已重新绘制国会选区图,以最大化该州多数党能够赢得的席位数。德克萨斯州在唐纳德·特朗普总统的推动下率先行动,随后包括加利福尼亚州在内的其他州也跟进。卡根表示,2019年的划区裁决尤其有害。

She also mentioned a series of rulings that have gutted the Voting Rights Act, including one this year that led to Republican states eliminating majority Black districts. The court has also consistently struck down campaign finance restrictions, the most recent in June. Heading into the Nov. 3 midterm elections, several states have redrawn their congressional maps to maximize the number of seats the majority party can win in that state. Texas kicked things off, at President Donald Trump’s urging, followed by other states, including California. The 2019 redistricting ruling has been particularly harmful, Kagan said.

因此,“两党都投入了一场逐底竞争,争相进行这些党派性的不公正选区划分。”她补充说,这些失衡的选区地图剥夺了人们“投票平等的权利”,并产生了“把人们从中间赶向两翼、赶向极端”的效果,因为候选人只需担心赢得初选即可。卡根说,法院未能就此问题采取行动,“不幸地让一个我认为已经过于极化的国家变得更加极化”。

As a result, “both parties have been engaged in a race to the bottom in terms of doing these partisan gerrymanders.”The lopsided maps deny people “their rights to voting equality” and have the effect of “driving people away from the center, towards the wings, toward the extremes” because candidates only have to worry about winning the primary, she added. The failure of the court to take action on the issue is “making what I think is unfortunately a too polarized country even more so,” Kagan said.

她补充说,当各州划定的立法选区几乎剥夺了许多选民选出自己属意候选人的能力时,这“对我们的民主极具破坏性”。至于政治中日益不受限制的金钱,卡根说许多选民对此感到不安。“我想你知道,美国人民环顾这个政治体系,认为所有这些金钱追逐所有这些政治候选人是一场噩梦,他们是对的,”她说。在与教授乔尔·阿利塞亚的问答环节中,卡根还批评了最高法院今年的一项裁决,该裁决赋予特朗普对迄今独立联邦机构更大的控制权——这些机构由国会设立,本应免受政治干预。

When states draw legislative districts that almost wipe out the ability of many voters to elect their chosen candidate, it is “very destructive of our democracy,” she added. As for the increasingly unlimited amounts of money in politics, Kagan said that many voters find it disconcerting. “I think you know the people of America look around this political system and think that all this money, chasing all these political candidates, is a nightmare, and they’re right,” she said. During the question-and-answer session with professor Joel Alicea, Kagan was also critical of the Supreme Court’s ruling this year that gave Trump greater control over hitherto independent federal agencies that were set up by Congress to be free from political interference.

她质疑赋予总统过多权力是否明智,称存在“一位总统能够肆意践踏政府所有其他机构、践踏人民的危险”。但卡根也为最高法院辩护——该法院以6比3的保守派多数——反驳左翼关于它是特朗普橡皮图章的指称。她列举了总统败诉的几项裁决,包括他试图全面加征关税的努力。她说,法院“深度保守”,但在某些案件中“确实对总统进行了抵制”。

She questioned the wisdom of giving the president too much power, saying there is a “danger of one president being able to ride roughshod over all the other institutions of government and over the people.”But Kagan also defended the court, which has a 6-3 conservative majority, over claims from the left that it is a rubber stamp for Trump. She cited several rulings in which the president lost, including his attempt to impose sweeping tariffs. The court is “deeply conservative,” she said, but in certain cases “definitely pushed back on the president.”

阅读媒体原文 ↗