美国国家公共电台 NPR--Broad repercussions are expected from a Supreme Court voting case decision next term

Broad repercussions¹ are expected from a Supreme² Court voting case decision next term

Transcript³

Next term the Supreme Court will take up a voting case involving the "independent state legislature" theory. NPR's Leila Fadel talks to New York University law professor Melissa Murray about the case.

LEILA FADEL, HOST:

The Supreme Court's most recent rulings have sharpened an already stinging partisan⁴ divide. Still to come are potentially even more divisive rulings. The court hears Moore v. Harper in the fall, a case that will decide whether the North Carolina Supreme Court can strike down a redistricting map because of partisan gerrymandering and whether state legislatures can draw voting districts independent of the courts. I asked New York University constitutional law professor Melissa Murray about the broader implications.

MELISSA MURRAY: I'm not surprised that this is a case that they took up. It had been floated during the 2020 election, especially in the wake of the electoral count, when there was a lot of discussion about whether there had been fraud in the conduct of that election and whether state legislatures might be authorized⁵ to advance their own slate⁶ of alternative electors to the Electoral College.

FADEL: Now, just to be clear, no actual widescale fraud was ever found out of all these theories out of 2020.

MURRAY: That's sort of the irony⁷ of all of this. What has fueled the interest in the independent state legislature theory/doctrine⁸/fantasy is this idea that state legislatures are needed to step in because there are all of these questions about the integrity of elections. But that's just not the case. I mean, that is very much...

FADEL: Right.

MURRAY: ...The big lie, and so you know, here, we have the court making, I think, what will be a move to not only make this a theory, but actually make it doctrine.

FADEL: So how would it impact elections? The midterms are coming up. If the Supreme Court made this doctrine, how does this impact elections?

MURRAY: Well, I think we'll already begin to see some of the fallout from this. So you know, in this particular case, the question is going to be whether state courts have the authority to review the state constitution to impose limits on electoral policies that disenfranchise voters, for example, like partisan gerrymandering. So this could have very real consequences on the ground that make it harder for certain members of the polity to register their participation⁹ in the democratic process.

FADEL: And this court is a very different court than the 2015 makeup¹⁰ that - even the 2019 makeup.

MURRAY: We are emerging at the end of a Supreme Court term that I think has been one of the most extreme terms in the court's history. I think we are really feeling the effects of a 6 to 3 conservative supermajority that has not only overruled Roe¹¹ v. Wade¹², but it's offered us a more expansive vision that might very well diminish the separation of church and state that the establishment clause protects. And it is a supermajority that has the numbers and it seems has the will to rethink a lot of things that we had previously¹³ thought settled. So we just overturned a precedent¹⁴ that was almost 50 years old. I don't know that this court would necessarily look askance at revisiting things that they had said in 2019 or 2015.

FADEL: You know, the 2020 election was rife¹⁵ with conspiracy¹⁶ theories that ultimately are falsehoods that a lot of the country now believes. And yet this decision is coming out of a lot of the questions that were raised then?

MURRAY: So the 2020 election was really a proving ground for the independent state legislature theory/doctrine. You know, a number of Trump¹⁷ allies tried to raise this theory, particularly in the cases that were being litigated in Pennsylvania around absentee ballots¹⁹ that were cast because of the COVID pandemic. And so you know, this is a way, especially in some of these states where, you know, there may be gridlock in the state legislature or the state legislature may be tilted²⁰ to one partisan extreme, this can be a way to limit opportunities for voters to actually have an opportunity to cast their ballot¹⁸. So it is an increasingly on the wall theory that once was off the wall, but I think that's sort of the nature of all of this.

FADEL: Which is why so many people are concerned about future voter suppression.

MURRAY: Not just voter suppression, but the idea that the entire apparatus²¹ of the elections could either be changed by state legislatures or there could be no real apparatus to facilitate the vote, right? So I mean, it is both a question of overreach and excessive action, and also the possibility of inaction, all of which has the impact of limiting who participates in an election cycle.

FADEL: Now, you described this last term for the Supreme Court as one of the most extreme. From the decision on Roe v. Wade, what are you expecting in the term to come in the types of cases they'll be taking up?

MURRAY: I don't think we've ever seen the likes of a term like this. It really has been every kind of divisive issue this court has taken up - guns, abortion²², school prayer. And next term doesn't look like it will be any less contentious²³, right? So affirmative action is going to be before the court. This question about independent state legislatures are going to be on the court's docket as well. There's also going to be a lot of questions about business regulation and whether or not the administrative²⁴ state can take steps to regulate in various aspects of our lives.

So the court's docket is largely discretionary. Millions of petitions are filed. And the court doesn't take them all, right? It takes only those that they think that need to be decided²⁵ because there is some contentious debate or split among different circuits. And I think when we had a 5 to 4 conservative, bare conservative majority, you saw the court exercising more restraint about the cases for which they granted certiorari because they couldn't be sure where the fifth vote was coming from. Now that they have six conservatives, that concern about where the necessary fifth vote is coming from just isn't there anymore. And for that reason, I think we are seeing them be more assertive²⁶ and more aggressive about the kinds of cases they're willing to take up. A 6 to 3 supermajority not only means we are getting more conservative outcomes, it means we're getting a more conservative docket.

FADEL: Melissa Murray is a law professor at New York University. Thank you so much.

MURRAY: Thank you.

1 repercussions   

n.后果，反响( repercussion的名词复数 )；余波

参考例句：

• The collapse of the company will have repercussions for the whole industry. 这家公司的垮台将会给整个行业造成间接的负面影响。
• Human acts have repercussions far beyond the frontiers of the human world. 人类行为所产生的影响远远超出人类世界的范围。 来自《简明英汉词典》

2 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。

3 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。

4 partisan   

adj.党派性的；游击队的；n.游击队员；党徒

参考例句：

• In their anger they forget all the partisan quarrels.愤怒之中，他们忘掉一切党派之争。
• The numerous newly created partisan detachments began working slowly towards that region.许多新建的游击队都开始慢慢地向那里移动。

5 authorized   

a.委任的，许可的

参考例句：

• An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

6 slate   

n.板岩，石板，石片，石板色，候选人名单；adj.暗蓝灰色的，含板岩的；vt.用石板覆盖，痛打，提名，预订

参考例句：

• The nominating committee laid its slate before the board.提名委员会把候选人名单提交全体委员会讨论。
• What kind of job uses stained wood and slate? 什么工作会接触木头污浊和石板呢？

7 irony   

n.反语，冷嘲；具有讽刺意味的事，嘲弄

参考例句：

• She said to him with slight irony.她略带嘲讽地对他说。
• In her voice we could sense a certain tinge of irony.从她的声音里我们可以感到某种讥讽的意味。

8 doctrine   

n.教义；主义；学说

参考例句：

• He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
• The council met to consider changes to doctrine.宗教议会开会考虑更改教义。

9 participation   

n.参与，参加，分享

参考例句：

• Some of the magic tricks called for audience participation.有些魔术要求有观众的参与。
• The scheme aims to encourage increased participation in sporting activities.这个方案旨在鼓励大众更多地参与体育活动。

10 makeup   

n.组织；性格；化装品

参考例句：

• Those who failed the exam take a makeup exam.这次考试不及格的人必须参加补考。
• Do you think her beauty could makeup for her stupidity?你认为她的美丽能弥补她的愚蠢吗？

11 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？

12 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。

13 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。

14 precedent   

n.先例，前例；惯例；adj.在前的，在先的

参考例句：

• Is there a precedent for what you want me to do?你要我做的事有前例可援吗？
• This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。

15 rife   

adj.(指坏事情)充斥的，流行的，普遍的

参考例句：

• Disease is rife in the area.疾病在这一区很流行。
• Corruption was rife before the election.选举之前腐败盛行。

16 conspiracy   

n.阴谋，密谋，共谋

参考例句：

• The men were found guilty of conspiracy to murder.这些人被裁决犯有阴谋杀人罪。
• He claimed that it was all a conspiracy against him.他声称这一切都是一场针对他的阴谋。

17 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

18 ballot   

n.（不记名）投票，投票总数，投票权；vi.投票

参考例句：

• The members have demanded a ballot.会员们要求投票表决。
• The union said they will ballot members on whether to strike.工会称他们将要求会员投票表决是否罢工。

19 ballots   

n.投票表决( ballot的名词复数 )；选举；选票；投票总数v.（使）投票表决( ballot的第三人称单数 )

参考例句：

• They're counting the ballots. 他们正在计算选票。 来自《简明英汉词典》
• The news of rigged ballots has rubbed off much of the shine of their election victory. 他们操纵选票的消息使他们在选举中获得的胜利大为减色。 来自《简明英汉词典》

20 tilted   

v. 倾斜的

参考例句：

• Suddenly the boat tilted to one side. 小船突然倾向一侧。
• She tilted her chin at him defiantly. 她向他翘起下巴表示挑衅。

21 apparatus   

n.装置，器械；器具，设备

参考例句：

• The school's audio apparatus includes films and records.学校的视听设备包括放映机和录音机。
• They had a very refined apparatus.他们有一套非常精良的设备。

22 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。

23 contentious   

adj.好辩的，善争吵的

参考例句：

• She was really not of the contentious fighting sort.她委实不是好吵好闹的人。
• Since then they have tended to steer clear of contentious issues.从那时起，他们总想方设法避开有争议的问题。

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 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 assertive   

adj.果断的，自信的，有冲劲的

参考例句：

• She always speaks an assertive tone.她总是以果断的语气说话。
• China appears to have become more assertive in the waters off its coastline over recent years.在近些年，中国显示出对远方海洋的自信。