美国国家公共电台 NPR--What legal implications arise after Indiana approves an abortion ban?

What legal implications arise after Indiana approves an abortion¹ ban?

Transcript²

NPR's A Martínez speaks with law professor Melissa Murray about Indiana's new abortion ban, which is the first law restricting abortion since the Supreme³ Court struck down Roe⁴ v. Wade⁵.

A MART?NEZ, HOST:

For the first time since Roe v. Wade was overturned, a state has passed a new law restricting abortions⁶. It's Indiana, and it takes effect September 15. Here to talk through the implications and whether other states may follow, I'm joined by New York University legal scholar Melissa Murray.

Let's start off with the implications this bill might have on a national level.

MELISSA MURRAY: Well, Indiana will certainly invite other laws in other states - laws that are restrictive. The Indiana law does provide for an exception for emergency care and for the health of the mother. But it doesn't really define what constitutes an emergency. And that really has been the issue as these laws have taken effect after the Dobbs decision - trying to determine where medical judgment⁷ ends and the law begins. And I think we'll see that kind of confusion throughout the country.

MART?NEZ: Considering the exception you just mentioned, is it not as extreme as some of the other laws that we have seen on the books lately?

MURRAY: Well, again, extreme is a relative...

MART?NEZ: Yeah.

MURRAY: ...Term here. It does provide for an exception, but it doesn't really provide much guidance for what constitutes an exigent circumstance that would allow for abortions. And the Indiana law also provides for a very Byzantine process for actually determining whether an abortion is appropriate and necessary. And so in those cases, it still makes access to lifesaving care very difficult in an exigent circumstance.

MART?NEZ: Now, Professor, voters in Kansas recently voted to protect abortion by a wide margin⁸, actually. Why such a contrast between the legislative⁹ process in Indiana and the ballot¹⁰ initiative in another state - a red state - in Kansas?

MURRAY: Well, I think that's the difference between direct democracy and representative democracy. In Indiana, the voters' preferences were translated through the single vote of their representative in the state legislature, which misses a lot of nuance¹¹. In Kansas, individual voters could go directly to the ballot box, and they could register their preferences. And even in ruby-red Kansas, where there are likely a lot of voters who are pro-life, there may be some section of that pro-life constituency who may have viewed what has happened in the country since the Dobbs decision as far too extreme even for their preferences. That kind of nuance likely could not be translated in a representative format¹² in the Indiana state legislature.

MART?NEZ: Do you possibly foresee other states following Indiana's lead?

MURRAY: Well, I think Indiana's lead is the more likely prospect¹³. Many states don't have the mechanisms¹⁴ for ballot initiatives in the way that Kansas does. So that kind of direct participation¹⁵ isn't available there. And even that kind of direct participation can be subject to democratic distortion. In Kansas, it was the state legislature that put the amendment¹⁶ to the people. And they did so in the August primary for the purpose of turning out more Republican voters who would likely vote pro-choice - or pro-life. In Indiana, I think we're going to see more states following that model because representative government is really the model that we have. And I think we'll likely see more extreme laws being passed.

MART?NEZ: So the Supreme Court could be allowing this to expand in the future.

MURRAY: Well, they've actually encouraged it. The majority opinion in Dobbs said that this issue would be returned to the states, where the people, through their state legislatures, could determine this question for themselves. So it is an exact invitation to the state legislatures to do just that.

MART?NEZ: Eli Lilly is a pharmaceutical¹⁷ company based in Indianapolis - a big employer in Indiana. And they say now that they're going to plan for employment growth outside of the state. They're going to have trouble, they think, to attract employees to Indiana. Does this kind of corporate¹⁸ pushback make a difference?

MURRAY: I think it does. This - what I call soft law is something that we've seen in other contexts. Think, for example, of marriage equality. For many years, way before states permitted same-sex marriage or even domestic partnership¹⁹, it was corporate interests who provided for same-sex couples to bring their partners on to employee benefits programs and things of that nature. And they basically normalized this idea that same-sex unions were OK and paved the way for the states to eventually do that. So again, here, this may be important leverage²⁰ - the corporate interests saying that they're going to leave the state or provide for expansion of their business elsewhere.

MART?NEZ: Briefly²¹, can abortion rights supporters stop the ban in Indiana from going into effect September 15?

MURRAY: I think the law will certainly be challenged by reproductive rights groups. I don't know if it's likely to be struck down by the state courts or by federal courts. But what that challenge will likely do is delay the process of this law going into effect on September 15.

MART?NEZ: That's Melissa Murray. She's a law professor at NYU.

Professor, thanks.

MURRAY: Thank you.

1 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。

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 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。

4 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？

5 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。

6 abortions   

n.小产( abortion的名词复数 )；小产胎儿；（计划）等中止或夭折；败育

参考例句：

• The Venerable Master: By not having abortions, by not killing living beings. 上人：不堕胎、不杀生。 来自互联网
• Conclusion Chromosome abnormality is one of the causes of spontaneous abortions. 结论：染色体异常是导致反复自然流产的原因之一。 来自互联网

7 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

8 margin   

n.页边空白；差额；余地，余裕；边，边缘

参考例句：

• We allowed a margin of 20 minutes in catching the train.我们有20分钟的余地赶火车。
• The village is situated at the margin of a forest.村子位于森林的边缘。

9 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

10 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。

11 nuance   

n.(意义、意见、颜色)细微差别

参考例句：

• These users will easily learn each nuance of the applications they use.这些用户会很快了解他们所使用程序的每一细微差别。
• I wish I hadn't become so conscious of every little nuance.我希望我不要变得这样去思索一切琐碎之事。

12 format   

n.设计，版式；[计算机]格式，DOS命令:格式化(磁盘)，用于空盘或使用过的磁盘建立新空盘来存储数据；v.使格式化，设计，安排

参考例句：

• Please format this floppy disc.请将这张软盘格式化。
• The format of the figure is very tasteful.该图表的格式很雅致。

13 prospect   

n.前景，前途；景色，视野

参考例句：

• This state of things holds out a cheerful prospect.事态呈现出可喜的前景。
• The prospect became more evident.前景变得更加明朗了。

14 mechanisms   

n.机械( mechanism的名词复数 )；机械装置；[生物学] 机制；机械作用

参考例句：

• The research will provide direct insight into molecular mechanisms. 这项研究将使人能够直接地了解分子的机理。 来自《简明英汉词典》
• He explained how the two mechanisms worked. 他解释这两台机械装置是如何工作的。 来自《简明英汉词典》

15 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。

16 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。

17 pharmaceutical   

adj.药学的，药物的；药用的，药剂师的

参考例句：

• She has donated money to establish a pharmaceutical laboratory.她捐款成立了一个药剂实验室。
• We are engaged in a legal tussle with a large pharmaceutical company.我们正同一家大制药公司闹法律纠纷。

18 corporate   

adj.共同的，全体的；公司的，企业的

参考例句：

• This is our corporate responsibility.这是我们共同的责任。
• His corporate's life will be as short as a rabbit's tail.他的公司的寿命是兔子尾巴长不了。

19 partnership   

n.合作关系，伙伴关系

参考例句：

• The company has gone into partnership with Swiss Bank Corporation.这家公司已经和瑞士银行公司建立合作关系。
• Martin has taken him into general partnership in his company.马丁已让他成为公司的普通合伙人。

20 leverage   

n.力量，影响；杠杆作用，杠杆的力量

参考例句：

• We'll have to use leverage to move this huge rock.我们不得不借助杠杆之力来移动这块巨石。
• He failed in the project because he could gain no leverage. 因为他没有影响力，他的计划失败了。

21 briefly   

adv.简单地，简短地

参考例句：

• I want to touch briefly on another aspect of the problem.我想简单地谈一下这个问题的另一方面。
• He was kidnapped and briefly detained by a terrorist group.他被一个恐怖组织绑架并短暂拘禁。