美国国家公共电台 NPR--After the leak, the Supreme Court seethes with resentment and fear behind the scenes

After the leak, the Supreme¹ Court seethes² with resentment³ and fear behind the scenes

Transcript⁴

At the Supreme Court, nothing is as usual this term after the leak of Justice Samuel Alito's draft opinion in the biggest abortion⁵ case in nearly a half-century.

Normally at this time of year, the justices would be exchanging hundreds of pages of draft opinions and working with each other to resolve differences and reach consensus⁶ in the most challenging cases of the term. Instead, the court is riven with distrust among the law clerks, staff and, most of all, the justices themselves.

The atmosphere behind the scenes is so ugly that, as one source put it, "the place sounds like it's imploding⁷." To cite just one public example, Justice Clarence Thomas in a speech a few weeks ago seemed to say he no longer trusts his colleagues.

"When you lose that trust, especially in the institution that I'm in, it changes the institution fundamentally," he told a conservative group. "You begin to look over your shoulder. It's like kind of an infidelity that you can explain it but you can't undo⁸ it."

Specifically, he implied that he doesn't trust Chief Justice John Roberts.

"The court that was together 11 year[s] was a fabulous⁹ court. It was one you look forward to being a part of," he said.

Those 11 years were when the chief justice was William Rehnquist, who died in 2005 and was succeeded by Roberts, who, ironically, had been one of Rehnquist's clerks many years earlier.

The root of the current antipathy¹⁰ is not definitely known. What is known is that Roberts infuriated some of conservatives on the court 10 years ago when he changed his mind and voted to uphold key provisions of the Affordable¹¹ Care Act. These switches are rare, but they do happen; justices change their minds, and in good faith. But that switch so angered some of the court's conservatives that it leaked, obviously from someone connected to a conservative justice, who aimed to embarrass Roberts.

A much bigger leak — and problem

Now, there is a much bigger and, in fact, unprecedented¹² leak to deal with — an actual draft opinion reversing a half-century of abortion precedents¹³. The chief justice called the leak "a betrayal" and ordered the Supreme Court marshal to conduct an internal investigation¹⁴. But the investigation may only be adding to problems at the court.

To begin with, the Supreme Court marshal overseeing the probe has no experience as an investigator¹⁵; nor do the Supreme Court police. Their job is to protect the justices. And people who do have experience as investigators¹⁶ say that leak inquiries¹⁷ are, in the words of several, "nightmares."

The Supreme Court overturned Roe¹⁸ v. Wade¹⁹. What's next? Your health questions answered

ROE V. WADE AND THE FUTURE OF REPRODUCTIVE RIGHTS IN AMERICA

If Roe v. Wade is overturned, what happens next? Your questions answered

Glenn Fine, a former inspector²⁰ general for the Justice Department and then the Defense²¹ Department in both Democratic and Republican administrations, conducted and supervised lots of these investigations²².

Typically, he wrote, in the beginning "we would be told that ... only a few people had access to the material that had been leaked. Only a few individuals were at the key meeting or worked on the document."

But, he said, "invariably when we probed the universe of people who had access," the number expanded "exponentially." Instead of a discrete²³ few, the number included "additional co-workers, office staff, computer administrative²⁴ staff, family and friends of those working on the matter, even people who passed through the office," and in the pandemic era, one might assume, the homes of the justices and others working from home. Fine said that even if there was some evidence of contact with a reporter, "we were usually unable to prove that the contact led to the leak." Therefore, most of the time, all the investigators ended up with were theories and speculation²⁵.

The internal investigation

Now, turning to this leak, CNN has reported that the court "has taken steps to" ask the clerks to sign sworn affidavits²⁷ and to essentially²⁸ dump their cellphones.

"Taken steps to" doesn't mean that anything has actually happened. But if the clerks have been asked to sign an affidavit²⁶, it is unknown what is in the affidavit or will be in the affidavit. And while the leak of a draft opinion is in fact a huge ethical²⁹ breach³⁰, the draft is not classified, so the leak is not a crime. That said, lying in a sworn affidavit is.

So, imagine you swear under oath that you didn't have anything to do with the leak, and it turns out that your former college classmate is a reporter, and you had dinner with him in April prior to the leak; you could be in a heap of trouble. So, indications are that some law clerks are lawyering up. And some justices may forbid cooperation with a probe they see as a witch hunt.

Not to mention that if the court can dump information from a clerk's cellphone without a warrant, that directly contradicts the Supreme Court's own ruling eight years ago when it said that police could not search a suspected gang member's phone without a warrant after he was pulled over in a traffic stop.

Roberts wrote the court's unanimous opinion, saying that modern cellphones are not just another technological³¹ convenience. They are a compendium³² of everything in a person's life — your political preferences, interests, hobbies, medical records, where you have been and with whom.

"Allowing a warrantless search of all this information is not just an incidental intrusion like a peek³³ into a cigarette pack," he said in summarizing the opinion from the bench. "It is a significant invasion of privacy."

The Fourth Amendment³⁴, he noted³⁵, was the Founders³⁶' response to the reviled³⁷ "general warrants" of the colonial era, which allowed British officers "to rummage³⁸ through homes in an unrestrained search for evidence of criminal activity."

A cellphone search, without a warrant, the court concluded, is no different.

A court in turmoil³⁹

Now, however, the court may be doing just that, and the terrified law clerks have been calling law firms, wondering whether they need legal representation. All of this presents its own ethical problems, since these law firms do have cases in front of the Supreme Court.

As for the court itself, it is not in a good place.

"I don't know how on earth the court is going to finish up its work this term," said a source close to the justices. The clerks, he explained, are sort of "the court's diplomatic corps⁴⁰." Especially at this time of year, they talk to each other, with the approval of their bosses, to find out how far the envelope can be pushed in this case or that one — or conversely, how can we soften⁴¹ language to get five justices on board. But at the moment, he noted, the clerks are terrified that their whole professional lives could be blown up, so they aren't able to do that. In short, it's a very perilous⁴² time for the Supreme Court.

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 seethes   

（液体）沸腾( seethe的第三人称单数 )； 激动，大怒； 强压怒火； 生闷气(~with sth|~ at sth)

参考例句：

• The place seethes with enthusiasm. 全场沸腾。
• Water seethes under the falls. 在瀑布下水激起泡沫。

3 resentment   

n.怨愤，忿恨

参考例句：

• All her feelings of resentment just came pouring out.她一股脑儿倾吐出所有的怨恨。
• She cherished a deep resentment under the rose towards her employer.她暗中对她的雇主怀恨在心。

4 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。

5 abortion   

n.流产，堕胎

参考例句：

• She had an abortion at the women's health clinic.她在妇女保健医院做了流产手术。
• A number of considerations have led her to have a wilful abortion.多种考虑使她执意堕胎。

6 consensus   

n.(意见等的)一致，一致同意，共识

参考例句：

• Can we reach a consensus on this issue?我们能在这个问题上取得一致意见吗？
• What is the consensus of opinion at the afternoon meeting?下午会议上一致的意见是什么？

7 imploding   

v.（使）向心聚爆( implode的现在分词 )

参考例句：

• He has nightmares about the tanks imploding. 他老是做油箱爆炸的噩梦。 来自辞典例句
• Just like silver stars imploding we absorb the light of day. 身披白昼之圣光光没银星俱裂亡。 来自互联网

8 undo   

vt.解开，松开；取消，撤销

参考例句：

• His pride will undo him some day.他的傲慢总有一天会毁了他。
• I managed secretly to undo a corner of the parcel.我悄悄地设法解开了包裹的一角。

9 fabulous   

adj.极好的；极为巨大的；寓言中的，传说中的

参考例句：

• We had a fabulous time at the party.我们在晚会上玩得很痛快。
• This is a fabulous sum of money.这是一笔巨款。

10 antipathy   

n.憎恶；反感，引起反感的人或事物

参考例句：

• I feel an antipathy against their behaviour.我对他们的行为很反感。
• Some people have an antipathy to cats.有的人讨厌猫。

11 affordable   

adj.支付得起的，不太昂贵的

参考例句：

• The rent for the four-roomed house is affordable.四居室房屋的房租付得起。
• There are few affordable apartments in big cities.在大城市中没有几所公寓是便宜的。

12 unprecedented   

adj.无前例的，新奇的

参考例句：

• The air crash caused an unprecedented number of deaths.这次空难的死亡人数是空前的。
• A flood of this sort is really unprecedented.这样大的洪水真是十年九不遇。

13 precedents   

引用单元； 范例( precedent的名词复数 )； 先前出现的事例； 前例； 先例

参考例句：

• There is no lack of precedents in this connection. 不乏先例。
• He copied after bad precedents. 他仿效恶例。

14 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

15 investigator   

n.研究者，调查者，审查者

参考例句：

• He was a special investigator for the FBI.他是联邦调查局的特别调查员。
• The investigator was able to deduce the crime and find the criminal.调查者能够推出犯罪过程并锁定罪犯。

16 investigators   

n.调查者，审查者( investigator的名词复数 )

参考例句：

• This memo could be the smoking gun that investigators have been looking for. 这份备忘录可能是调查人员一直在寻找的证据。
• The team consisted of six investigators and two secretaries. 这个团队由六个调查人员和两个秘书组成。 来自《简明英汉词典》

17 inquiries   

n.调查( inquiry的名词复数 )；疑问；探究；打听

参考例句：

• He was released on bail pending further inquiries. 他获得保释，等候进一步调查。
• I have failed to reach them by postal inquiries. 我未能通过邮政查询与他们取得联系。 来自《现代汉英综合大词典》

18 roe   

n.鱼卵；獐鹿

参考例句：

• We will serve smoked cod's roe at the dinner.宴会上我们将上一道熏鳕鱼子。
• I'll scramble some eggs with roe?我用鱼籽炒几个鸡蛋好吗？

19 wade   

v.跋涉，涉水；n.跋涉

参考例句：

• We had to wade through the river to the opposite bank.我们只好涉水过河到对岸。
• We cannot but wade across the river.我们只好趟水过去。

20 inspector   

n.检查员，监察员，视察员

参考例句：

• The inspector was interested in everything pertaining to the school.视察员对有关学校的一切都感兴趣。
• The inspector was shining a flashlight onto the tickets.查票员打着手电筒查看车票。

21 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

22 investigations   

（正式的）调查( investigation的名词复数 )； 侦查； 科学研究； 学术研究

参考例句：

• His investigations were intensive and thorough but revealed nothing. 他进行了深入彻底的调查，但没有发现什么。
• He often sent them out to make investigations. 他常常派他们出去作调查。

23 discrete   

adj.个别的，分离的，不连续的

参考例句：

• The picture consists of a lot of discrete spots of colour.这幅画由许多不相连的色点组成。
• Most staple fibers are discrete,individual entities.大多数短纤维是不联系的单独实体。

24 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。

25 speculation   

n.思索，沉思；猜测；投机

参考例句：

• Her mind is occupied with speculation.她的头脑忙于思考。
• There is widespread speculation that he is going to resign.人们普遍推测他要辞职。

26 affidavit   

n.宣誓书

参考例句：

• I gave an affidavit to the judge about the accident I witnessed.我向法官提交了一份关于我目击的事故的证词。
• The affidavit was formally read to the court.书面证词正式向出席法庭的人宣读了。

27 affidavits   

n.宣誓书，（经陈述者宣誓在法律上可采作证据的）书面陈述( affidavit的名词复数 )

参考例句：

• The woman offered written affidavits proving that she was the widow of Pancho Villa. 这女人提供书面证书，证明自己是庞科·比亚的遗孀。 来自《简明英汉词典》
• The appeal was adjourned for affidavits to be obtained. 为获得宣誓证明书，上诉被推迟。 来自口语例句

28 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

29 ethical   

adj.伦理的，道德的，合乎道德的

参考例句：

• It is necessary to get the youth to have a high ethical concept.必须使青年具有高度的道德观念。
• It was a debate which aroused fervent ethical arguments.那是一场引发强烈的伦理道德争论的辩论。

30 breach   

n.违反，不履行；破裂；vt.冲破，攻破

参考例句：

• We won't have any breach of discipline.我们不允许任何破坏纪律的现象。
• He was sued for breach of contract.他因不履行合同而被起诉。

31 technological   

adj.技术的；工艺的

参考例句：

• A successful company must keep up with the pace of technological change.一家成功的公司必须得跟上技术变革的步伐。
• Today,the pace of life is increasing with technological advancements.当今， 随着科技进步，生活节奏不断增快。

32 compendium   

n.简要，概略

参考例句：

• The Compendium of Materia Medica has been held in high esteem since it was first published.“本草纲目”问世之后，深受人们的推重。
• The book is a compendium of their poetry,religion and philosophy.这本书是他们诗歌、宗教和哲学的概略。

33 peek   

vi.偷看，窥视；n.偷偷的一看，一瞥

参考例句：

• Larry takes a peek out of the window.赖瑞往窗外偷看了一下。
• Cover your eyes and don't peek.捂上眼睛，别偷看。

34 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

35 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

36 founders   

n.创始人( founder的名词复数 )

参考例句：

• He was one of the founders of the university's medical faculty. 他是该大学医学院的创建人之一。 来自辞典例句
• The founders of our religion made this a cornerstone of morality. 我们宗教的创始人把这看作是道德的基石。 来自辞典例句

37 reviled   

v.辱骂，痛斥( revile的过去式和过去分词 )

参考例句：

• The tramp reviled the man who drove him off. 流浪汉辱骂那位赶他走开的人。 来自《现代英汉综合大词典》
• The old man reviled against corruption. 那老人痛斥了贪污舞弊。 来自《简明英汉词典》

38 rummage   

v./n.翻寻，仔细检查

参考例句：

• He had a good rummage inside the sofa.他把沙发内部彻底搜寻了一翻。
• The old lady began to rummage in her pocket for her spectacles.老太太开始在口袋里摸索，找她的眼镜。

39 turmoil   

n.骚乱，混乱，动乱

参考例句：

• His mind was in such a turmoil that he couldn't get to sleep.内心的纷扰使他无法入睡。
• The robbery put the village in a turmoil.抢劫使全村陷入混乱。

40 corps   

n.(通信等兵种的)部队；(同类作的)一组

参考例句：

• The medical corps were cited for bravery in combat.医疗队由于在战场上的英勇表现而受嘉奖。
• When the war broke out,he volunteered for the Marine Corps.战争爆发时，他自愿参加了海军陆战队。

41 soften   

v.(使)变柔软；(使)变柔和

参考例句：

• Plastics will soften when exposed to heat.塑料适当加热就可以软化。
• This special cream will help to soften up our skin.这种特殊的护肤霜有助于使皮肤变得柔软。

42 perilous   

adj.危险的，冒险的

参考例句：

• The journey through the jungle was perilous.穿过丛林的旅行充满了危险。
• We have been carried in safety through a perilous crisis.历经一连串危机，我们如今已安然无恙。