美国国家公共电台 NPR 最高法院正在听取质疑疫苗授权的论点

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The Supreme¹ Court is hearing arguments challenging vaccine² mandates⁴

Transcript⁵

The Supreme Court hears arguments Friday in two cases challenging the Biden administration's vaccine mandates.

Another supreme battle at the U.S. Supreme Court Friday: In a special session, the justices are hearing expedited arguments in cases challenging two major Biden administration regulations aimed at increasing the number of vaccinated⁶ workers.

The cases are in a preliminary posture⁷, but how the court rules will very likely signal how these issues are ultimately resolved.

On one side is the Biden administration, seeking to accelerate vaccinations⁹ with mandates for healthcare workers and mandate³-or-test requirements for much of the private sector¹⁰ workforce¹¹, even as another surge in COVID-19 cases plays out across the country.

All of this will play out in front of a Supreme Court with all the justices vaccinated and boosted, sitting in a near empty chamber¹², with an audience limited to reporters, counsel and court staff, and in a building that is closed to the public to protect those who work there.

At the heart of Friday's argument are two new federal regulations issued to deal with the pandemic. One, issued by the Occupational Safety and Health Administration applies to all companies that employ 100 or more workers. That's nearly two-thirds of the private sector workforce. It requires that all workers be vaccinated or tested weekly, and that the unvaccinated wear masks. The only exceptions are employees who work at home or outside. The rule is being challenged by a coalition¹³ of large and small business groups, 27 states, and individuals.

Among them is Brandon Trosclair, owner of 15 grocery stores in Louisiana.

"The problem here is the mandate itself," he said in a video prepared by the conservative Liberty Justice Center, which represents him. "It puts a wedge between me and my staff, having to make them decide whether or not they want to get vaccinated, or I can potentially have to terminate them. The other option is multiple testing," which costs money, in contrast to the vaccine, which is free.

The second regulation under scrutiny¹⁴, issued by the Centers for Medicare and Medicaid Services, mandates vaccinations for all employees at hospitals, nursing homes, and other health care providers that receive federal funds. The only exceptions are for medical or religious reasons.

Those challenging the CMS rule contend that millions of healthcare workers will leave their jobs, rather than comply with the mandate. But the Biden administration points to studies showing that less than 1% of healthcare workers have left their jobs as the result of vaccine mandates. For instance, when the Houston Methodist Hospital system imposed a vaccine mandate, only 153 workers out of more than 61,000 resigned rather than comply.

Of the two rules before the Supreme Court , the mandate for healthcare providers is generally considered easier to defend because the courts have long held that when the federal government funds a program—like Medicare or Medicaid—it has the authority to put conditions on how the money is used, to ensure that it is used wisely, efficiently¹⁵, and that it is not being used to expose patients to greater risks.

"We're paying for people to get dialysis treatment, [and] we don't want the consequence of our funding their dialysis treatment to be they get COVID," says Case Western Reserve professor Jonathan Adler in summarizing the government's position.

The OSHA regulation is different from the CMS rule because it was enacted¹⁶, not under Congress' spending power, but under Congress' power to regulate interstate commerce, a target of many current court conservatives. But the OSHA rule was enacted under a very broad statute¹⁷ which allows the agency to issue emergency rules when it deems them "necessary" to protect workers from a "grave danger." What's more, OSHA has previously¹⁸ applied¹⁹ its rule-making to diseases, including HIV and hepatitis, and required employers to pay for the hepatitis-B vaccine for at-risk workers. That said, it has never enacted a vaccine-or-test rule like this one.

Among the challengers are more than half the states, almost all Republican-dominated, including a dozen that have made vaccination⁸ mandates illegal. They argue that the law exceeds what Congress intended in enacting²⁰ the OSHA statute, and they go further, contending that if Congress did intend to give such broad rulemaking power to the agency, it would be unconstitutional. They argue that because of "the vast economic and political significance" of this rule, congress, would have to expressly authorize²¹ a vaccine-or-test mandate.

The Biden administration counters that under the Occupational Safety and Health statute, it was obligated to act. After all COVID-19 has already killed more than 800,000 people in the United States and sickened 50 million more, many with lasting²² effects.

"I think this is a case that's a test of how truly radical²³ or conservative this court is or is not," says Harvard Law professor Richard Lazarus. "The question is whether the Supreme Court is going to try to totally upend the ability of our national government to safeguard the nation's health and safety amidst a global pandemic sweeping²⁴ the country."

Professor Adler, however, thinks these cases that could be decided²⁵ on narrow statutory grounds, based on what the statutes²⁶ say and the agencies' justifications²⁷ for their actions. But he adds, "If we hear a lot of questions about the scope of the government's constitutional power, that would suggest the justices view this case as a wedge into a broader questions about the federal administrative²⁸ state."

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 vaccine   

n.牛痘苗，疫苗；adj.牛痘的，疫苗的

参考例句：

• The polio vaccine has saved millions of lives.脊髓灰质炎疫苗挽救了数以百万计的生命。
• She takes a vaccine against influenza every fall.她每年秋季接种流感疫苗。

3 mandate   

n.托管地；命令，指示

参考例句：

• The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。
• The General Election gave him no such mandate.大选并未授予他这种权力。

4 mandates   

托管（mandate的第三人称单数形式）

参考例句：

• Individual mandates would require all people to purchase health insurance. 个人托管要求所有人都要购买健康保险。
• While I agree with those benefits, I'm not a supporter of mandates. 我同意上述好处，我不是授权软件的支持者。

5 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

6 vaccinated   

[医]已接种的，种痘的，接种过疫菌的

参考例句：

• I was vaccinated against tetanus. 我接种了破伤风疫苗。
• Were you vaccinated against smallpox as a child? 你小时候打过天花疫苗吗？

7 posture   

n.姿势，姿态，心态，态度；v.作出某种姿势

参考例句：

• The government adopted an uncompromising posture on the issue of independence.政府在独立这一问题上采取了毫不妥协的态度。
• He tore off his coat and assumed a fighting posture.他脱掉上衣，摆出一副打架的架势。

8 vaccination   

n.接种疫苗，种痘

参考例句：

• Vaccination is a preventive against smallpox.种痘是预防天花的方法。
• Doctors suggest getting a tetanus vaccination every ten years.医生建议每十年注射一次破伤风疫苗。

9 vaccinations   

n.种痘，接种( vaccination的名词复数 )；牛痘疤

参考例句：

• Vaccinations ensure one against diseases. 接种疫苗可以预防疾病。 来自《简明英汉词典》
• I read some publicity about vaccinations while waiting my turn at the doctor's. 在医生那儿候诊时，我读了一些关于接种疫苗的宣传。 来自《简明英汉词典》

10 sector   

n.部门，部分；防御地段，防区；扇形

参考例句：

• The export sector will aid the economic recovery. 出口产业将促进经济复苏。
• The enemy have attacked the British sector.敌人已进攻英国防区。

11 workforce   

n.劳动大军，劳动力

参考例句：

• A large part of the workforce is employed in agriculture.劳动人口中一大部分受雇于农业。
• A quarter of the local workforce is unemployed.本地劳动力中有四分之一失业。

12 chamber   

n.房间，寝室；会议厅；议院；会所

参考例句：

• For many,the dentist's surgery remains a torture chamber.对许多人来说，牙医的治疗室一直是间受刑室。
• The chamber was ablaze with light.会议厅里灯火辉煌。

13 coalition   

n.结合体，同盟，结合，联合

参考例句：

• The several parties formed a coalition.这几个政党组成了政治联盟。
• Coalition forces take great care to avoid civilian casualties.联盟军队竭尽全力避免造成平民伤亡。

14 scrutiny   

n.详细检查，仔细观察

参考例句：

• His work looks all right,but it will not bear scrutiny.他的工作似乎很好，但是经不起仔细检查。
• Few wives in their forties can weather such a scrutiny.很少年过四十的妻子经得起这么仔细的观察。

15 efficiently   

adv.高效率地，有能力地

参考例句：

• The worker oils the machine to operate it more efficiently.工人给机器上油以使机器运转更有效。
• Local authorities have to learn to allocate resources efficiently.地方政府必须学会有效地分配资源。

16 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

17 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

18 previously   

adv.以前，先前（地）

参考例句：

• The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
• Let me digress for a moment and explain what had happened previously.让我岔开一会儿，解释原先发生了什么。

19 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

20 enacting   

制定（法律），通过（法案）( enact的现在分词 )

参考例句：

• Generally these statutes apply only to wastes from reactors outside the enacting state. 总之，这些法令只适宜用在对付那些来自外州的核废料。 来自英汉非文学 - 环境法 - 环境法
• In addition, the complexion of enacting standards for live working is described. 另外，介绍了带电作业标准的制订情况。

21 authorize   

v.授权，委任；批准，认可

参考例句：

• He said that he needed to get his supervisor to authorize my refund.他说必须让主管人员批准我的退款。
• Only the President could authorize the use of the atomic bomb.只有总统才能授权使用原子弹。

22 lasting   

adj.永久的，永恒的；vbl.持续，维持

参考例句：

• The lasting war debased the value of the dollar.持久的战争使美元贬值。
• We hope for a lasting settlement of all these troubles.我们希望这些纠纷能获得永久的解决。

23 radical   

n.激进份子，原子团，根号；adj.根本的，激进的，彻底的

参考例句：

• The patient got a radical cure in the hospital.病人在医院得到了根治。
• She is radical in her demands.她的要求十分偏激。

24 sweeping   

adj.范围广大的，一扫无遗的

参考例句：

• The citizens voted for sweeping reforms.公民投票支持全面的改革。
• Can you hear the wind sweeping through the branches?你能听到风掠过树枝的声音吗？

25 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

26 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

27 justifications   

正当的理由，辩解的理由( justification的名词复数 )

参考例句：

• If he a vulgar person, she does not have justifications for him. 如果他是个低级趣味的人，她早就不会理他了。
• It depends on their effect on competition and possible justifications. 这则取决于它们对于竞争的影响和可能存在的正当抗辩理由。

28 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。