美国国家公共电台 NPR--Samuel Alito, a workhorse on the Supreme Court, shapes its conservative path

Samuel Alito, a workhorse on the Supreme¹ Court, shapes its conservative path

Transcript²

In the history of the U.S. Supreme Court, the names of just a few justices are linked with a single very famous--or infamous³--decision. Chief Justice John Marshall for his 1803 decision declaring that the courts have the power to strike down laws that violate the constitution; Chief Justice Roger Taney for the infamous decision in the Dred Scott case, declaring that no African American, enslaved or free, could be a citizen of the United states, a decision that led in part to the Civil War; Chief Justice Earl Warren for his 1954 decision declaring segregation⁴ in public schools unconstitutional. And now, the name of Samuel Alito is indelibly linked with the court's opinion overturning a half century's worth of decisions declaring that women have a right to abortion⁵.

Alito, unlike Marshall, Taney and Warren, is not chief justice, and he may be little known to the public generally. But he has played a key role on the court, often leading the conservative charge not just on abortion, but for expanded religious rights, against LGBTQ rights, against expanded voting rights, against labor⁶ unions, for the death penalty, and more.

The workhorse of the right

Indeed, within a short time of replacing the more moderate Justice Sandra Day O'Connor in 2006, he became something of the workhorse of the right.

On contraception, for instance, he wrote the court's 5-to-4 decision, declaring that closely held, for-profit corporations could refuse, on religious grounds, to comply with a federal law that required employer insurance policies to cover contraception for their employees.

"This court has said time and again that we have no business judging whether any sincere religious belief is valid⁷ or reasonable and it would be dangerous if we started down that road," he said in announcing his opinion from the bench in 2014.

He wrote the court's 2010 decision striking down state bans on handguns in the home, declaring the "right to keep and bear arms is implicit⁸ in our understanding of ordered liberty and is deeply rooted in the traditions of our country."

He wrote the court's 2007 decision declaring that victims of race and sex discrimination on the job could only recover damages dating back 180 days after filing suit, as opposed to when the discrimination began. Congress promptly⁹ rebuked¹⁰ the court, amending¹¹ the anti-discrimination statute¹² to make clear that damages and back pay are to be paid from the date the discrimination begins.

In death penalty cases, Alito has been impatient with attempts to limit capital punishment, in one case writing that any death row inmate¹³ who challenges the state's execution method as cruel and unusual punishment, must now come up with an alternative method.

In voting rights cases, he has repeatedly sided with state laws that make it more difficult for people to vote. As he wrote in a 2021 opinion, "Mere¹⁴ inconvenience cannot be enough to demonstrate a violation¹⁵" of the Voting Rights Act.

One special Alito crusade focused on public employee labor unions. In particular, he took aim at a 40-year-old Supreme Court decision that upheld the rights of unions to collect fees from non-union members, as long as the fees were used only for collective bargaining and other non-political activities that benefitted all workers, union and non-union alike. The idea was to prevent non-union workers from being "free-riders" on the backs of the union. But in 2018, Alito, after whittling¹⁶ away at the precedent¹⁷ for more than a decade, even repeatedly inviting¹⁸ challenges, finally managed to overturn it. The First Amendment¹⁹ right of free speech, he said, includes the right not to speak or support a union in any way. "Nonunion members are not free riders at all," he said. "They are captive riders."

The overturning of Roe²⁰

Few issues appear to rankle²¹ Alito as much as those that directly or indirectly²² involve religion, and perhaps not incidentally, the modern culture war. As he put it in a July speech, There is a "growing hostility²³ to religion or at least the traditional religious beliefs that are contrary to the new moral code that is ascendant in some sectors²⁴."

The Dobbs decision overturning Roe was his exegesis²⁵ on abortion and constitutional interpretation²⁶. There is no audio of his opinion announcement because the court conveniently abandoned the longtime tradition of these announcements at the height of the epidemic²⁷ and thereafter, prompting an increasing wave of criticism.

But as Alito explained in his written abortion opinion, the Supreme Court's Roe decision and the decisions that followed, had to be overruled because Roe was "egregiously²⁸ wrong," the arguments for it "exceptionally weak," and because there was no history or tradition of abortion at the time of the founding or thereafter. There was no evidence, said Alito, "zero," that supported such a right.

Many on the political right hailed the decision as "brilliant," and an example of Alito's approach to the law. "He is not a partisan," said one former Alito clerk. "He just believes that the law is based on rules and rules are rules, regardless of politics."

'He's able to succeed'

Liberal Yale law professor Akhil Amar defends Alito too, maintaining that the justice succeeds by staying within the lines and not overreaching. "He's quiet. He's able to succeed," says Amar.

But others, including some conservatives, disagree. Among them is Sarah Isgur, a former official in the Trump²⁹ Justice Department, who at one time was a leading member of the conservative Federalist Society. She says the Alito opinion fails the critical test of persuasion³⁰ because it speaks only to those who agree with him.

"When you have a court that is 6-3 on so many different types of opinions, you can end up with a feeling there there are permanent winners and losers," she says. "And the court when it writes, it needs to write more persuasively³¹ to the people who might feel like they're permanent losers."

The question, at this point, she adds, is not whether Roe was correctly decided³², but, "Do you overturn a precedent that has been on the books for 50 years--the most famous case probably to most Americans in the country, and it's not even close."

Cornell Constitutional law professor Michael Dorf is more pointed³³, calling the opinion, "dishonest" because it "so selectively cites history" to argue just one side of a case.

"The judge is supposed to look at it from a more balanced perspective, and that's not what Justice Alito does," Dorf says. "One wonders how so many prior justices, a majority of whom were appointed by Republican presidents, could have found a right to abortion in the constitution and then reaffirmed that right. There's a kind of arrogance³⁴ to the opinion in the way it proceeds in a one-sided manner."

Isgur adds that Alito's assurances ring hollow when he contends at the end of his opinion that the Dobbs case should not cast doubt on other precedents³⁵ based on the same reasoning as Roe-- the same-sex marriage opinion, or opinions guaranteeing the right to access contraception, for instance.

That may be, but Alito is part of a court, that, as Chief Justice John Roberts observed in the Dobbs case, is displaying "a relentless³⁶ freedom from doubt on legal issues."

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 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。

3 infamous   

adj.声名狼藉的，臭名昭著的，邪恶的

参考例句：

• He was infamous for his anti-feminist attitudes.他因反对女性主义而声名狼藉。
• I was shocked by her infamous behaviour.她的无耻行径令我震惊。

4 segregation   

n.隔离，种族隔离

参考例句：

• Many school boards found segregation a hot potato in the early 1960s.在60年代初，许多学校部门都觉得按水平分班是一个棘手的问题。
• They were tired to death of segregation and of being kicked around.他们十分厌恶种族隔离和总是被人踢来踢去。

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 labor   

n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦

参考例句：

• We are never late in satisfying him for his labor.我们从不延误付给他劳动报酬。
• He was completely spent after two weeks of hard labor.艰苦劳动两周后，他已经疲惫不堪了。

7 valid   

adj.有确实根据的；有效的；正当的，合法的

参考例句：

• His claim to own the house is valid.他主张对此屋的所有权有效。
• Do you have valid reasons for your absence?你的缺席有正当理由吗？

8 implicit   

a.暗示的，含蓄的，不明晰的，绝对的

参考例句：

• A soldier must give implicit obedience to his officers. 士兵必须绝对服从他的长官。
• Her silence gave implicit consent. 她的沉默表示默许。

9 promptly   

adv.及时地，敏捷地

参考例句：

• He paid the money back promptly.他立即还了钱。
• She promptly seized the opportunity his absence gave her.她立即抓住了因他不在场给她创造的机会。

10 rebuked   

责难或指责( rebuke的过去式和过去分词 )

参考例句：

• The company was publicly rebuked for having neglected safety procedures. 公司因忽略了安全规程而受到公开批评。
• The teacher rebuked the boy for throwing paper on the floor. 老师指责这个男孩将纸丢在地板上。

11 amending   

改良，修改，修订( amend的现在分词 )； 改良，修改，修订( amend的第三人称单数 )( amends的现在分词 )

参考例句：

• Amending acts in 1933,1934, and 1935 attempted to help honest debtors rehabilitate themselves. 一九三三年，一九三四年和一九三五年通过的修正案是为了帮助诚实的债务人恢复自己的地位。
• Two ways were used about the error-amending of contour curve. 采用两种方法对凸轮轮廓曲线进行了修正。

12 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。

13 inmate   

n.被收容者；(房屋等的)居住人；住院人

参考例句：

• I am an inmate of that hospital.我住在那家医院。
• The prisoner is his inmate.那个囚犯和他同住一起。

14 mere   

adj.纯粹的；仅仅，只不过

参考例句：

• That is a mere repetition of what you said before.那不过是重复了你以前讲的话。
• It's a mere waste of time waiting any longer.再等下去纯粹是浪费时间。

15 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

16 whittling   

v.切，削（木头），使逐渐变小( whittle的现在分词 )

参考例句：

• Inflation has been whittling away their savings. 通货膨胀使他们的积蓄不断减少。 来自《简明英汉词典》
• He is whittling down the branch with a knife to make a handle for his hoe. 他在用刀削树枝做一把锄头柄。 来自《简明英汉词典》

17 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。

18 inviting   

adj.诱人的，引人注目的

参考例句：

• An inviting smell of coffee wafted into the room.一股诱人的咖啡香味飘进了房间。
• The kitchen smelled warm and inviting and blessedly familiar.这间厨房的味道温暖诱人，使人感到亲切温馨。

19 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。

20 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？

21 rankle   

v.（怨恨，失望等）难以释怀

参考例句：

• You burrow and rankle in his heart!你挖掘并折磨他的心灵！
• The insult still rankled in his mind.他对那次受辱仍耿耿於怀。

22 indirectly   

adv.间接地，不直接了当地

参考例句：

• I heard the news indirectly.这消息我是间接听来的。
• They were approached indirectly through an intermediary.通过一位中间人，他们进行了间接接触。

23 hostility   

n.敌对，敌意；抵制［pl.］交战，战争

参考例句：

• There is open hostility between the two leaders.两位领导人表现出公开的敌意。
• His hostility to your plan is well known.他对你的计划所持的敌意是众所周知的。

24 sectors   

n.部门( sector的名词复数 )；领域；防御地区；扇形

参考例句：

• Berlin was divided into four sectors after the war. 战后柏林分成了4 个区。 来自《简明英汉词典》
• Industry and agriculture are the two important sectors of the national economy. 工业和农业是国民经济的两个重要部门。 来自《现代汉英综合大词典》

25 exegesis   

n.注释，解释

参考例句：

• An allegorical exegesis of scripture supported these views.一个寓言圣经注释支持这些观点。
• Within this context,Fraser is capable of exegesis that goes beyond the obvious.在这一背景下，弗雷泽能够作些富有新意的诠释。

26 interpretation   

n.解释，说明，描述；艺术处理

参考例句：

• His statement admits of one interpretation only.他的话只有一种解释。
• Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

27 epidemic   

n.流行病；盛行；adj.流行性的，流传极广的

参考例句：

• That kind of epidemic disease has long been stamped out.那种传染病早已绝迹。
• The authorities tried to localise the epidemic.当局试图把流行病限制在局部范围。

28 egregiously   

adv.过份地，卓越地

参考例句：

• But previous Greek governments egregiously violated those limits. 但之前几届希腊政府都严重违反了这些限制。 来自互联网

29 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。

30 persuasion   

n.劝说；说服；持有某种信仰的宗派

参考例句：

• He decided to leave only after much persuasion.经过多方劝说，他才决定离开。
• After a lot of persuasion,she agreed to go.经过多次劝说后，她同意去了。

31 persuasively   

adv.口才好地；令人信服地

参考例句：

• Students find that all historians argue reasonably and persuasively. 学生们发现所有的历史学家都争论得有条有理，并且很有说服力。 来自辞典例句
• He spoke a very persuasively but I smelled a rat and refused his offer. 他说得头头是道，但我觉得有些可疑，于是拒绝了他的建议。 来自辞典例句

32 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。

33 pointed   

adj.尖的，直截了当的

参考例句：

• He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
• She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。

34 arrogance   

n.傲慢，自大

参考例句：

• His arrogance comes out in every speech he makes.他每次讲话都表现得骄傲自大。
• Arrogance arrested his progress.骄傲阻碍了他的进步。

35 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。

36 relentless   

adj.残酷的，不留情的，无怜悯心的

参考例句：

• The traffic noise is relentless.交通车辆的噪音一刻也不停止。
• Their training has to be relentless.他们的训练必须是无情的。