美国国家公共电台 NPR--Why it's unlikely ethics rules on Supreme Court gift disclosures will work

Why it's unlikely ethics¹ rules on Supreme² Court gift disclosures will work

Transcript³

The Supreme Court is facing ethics questions since a ProPublica investigation⁴ reported that Supreme Court Justice Clarence Thomas received luxurious⁵ trips from Republican donor⁶ Harlan Crow for more than two decades. The investigation says he failed to report these trips in his annual financial disclosures.

Stricter regulations went into effect several weeks ago, saying that federal judges, including Supreme Court justices, must disclose when they receive gifts and "personal hospitality."

But Northwestern University law professor emeritus⁷ Steven Lubet told NPR's Leila Fadel that he doubts the justices will comply with stricter disclosure rules.

This conversation has been edited for length and clarity.

Well, there's no enforcement mechanism⁸. And in the past, the justices have adhered to them when they wanted to and not when they didn't. Justice Thomas says he'll follow the new interpretation⁹. I don't really doubt him about that, but it's all very contingent¹⁰ because Chief Justice [John] Roberts and before him, Chief Justice [William] Rehnquist, have both declined to say that the rules were validly¹¹ applicable to the U.S. Supreme Court.

They're the Supreme Court. They do what they want.

On who enforces the rules that the Supreme Court makes

Well, they make the rules. There's an enforcement mechanism that, you know, the judges have life tenure¹². Short of impeachment¹³, there's no penalty that's applicable to the judges at any level in the federal courts. There is a system in the lower courts of reporting, and it can lead to censure¹⁴ or reprimand, but it does not apply to the U.S. Supreme Court.

On whether there were pre-existing financial disclosure rules for federal judges and Supreme Court justices

There were rules before March 14th regarding gift disclosure. The justices said that they would comply with them. They do file annual reports disclosing, disclosing gifts. I would say that the previous rules definitely covered at least some parts of Justice Thomas's excursions with [Harlan] Crow. The new rules are much more specific and would absolutely require reporting of this sort of travel and lavish¹⁵ hospitality.

On what could be the answer to conflict of interest issues with Supreme Court justices

The Supreme Court is the only court in the United States that has never adopted a written code of ethics. Every other court has a written code. The U.S. Supreme Court has strenuously¹⁶ resisted announcing what its own standards of ethics are. That should be remedied. They should adopt a code of conduct. At the very least, this will let the public know what the justices expect of themselves, and there will be transparency that we have not had in the past.

1 ethics   

n.伦理学；伦理观，道德标准

参考例句：

• The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。
• Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。

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 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。

5 luxurious   

adj.精美而昂贵的；豪华的

参考例句：

• This is a luxurious car complete with air conditioning and telephone.这是一辆附有空调设备和电话的豪华轿车。
• The rich man lives in luxurious surroundings.这位富人生活在奢侈的环境中。

6 donor   

n.捐献者；赠送人；(组织、器官等的)供体

参考例句：

• In these cases,the recipient usually takes care of the donor afterwards.在这类情况下，接受捐献者以后通常会照顾捐赠者。
• The Doctor transplanted the donor's heart to Mike's chest cavity.医生将捐赠者的心脏移植进麦克的胸腔。

7 emeritus   

adj.名誉退休的

参考例句：

• "Perhaps I can introduce Mr.Lake Kirby,an emeritus professor from Washington University?"请允许我介绍华盛顿大学名誉教授莱克柯尔比先生。
• He will continue as chairman emeritus.他将会继续担任荣誉主席。

8 mechanism   

n.机械装置；机构，结构

参考例句：

• The bones and muscles are parts of the mechanism of the body.骨骼和肌肉是人体的组成部件。
• The mechanism of the machine is very complicated.这台机器的结构是非常复杂的。

9 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。

10 contingent   

adj.视条件而定的；n.一组，代表团，分遣队

参考例句：

• The contingent marched in the direction of the Western Hills.队伍朝西山的方向前进。
• Whether or not we arrive on time is contingent on the weather.我们是否按时到达要视天气情况而定。

11 validly   

正当地，妥当地

参考例句：

• There are many ways of doing science validly appropriate in different situations. 在不同场合有很多种方式正当地搞科学。
• This may not validly be done. 这个也许得不到有效的处理。

12 tenure   

n.终身职位；任期；(土地)保有权，保有期

参考例句：

• He remained popular throughout his tenure of the office of mayor.他在担任市长的整个任期内都深得民心。
• Land tenure is a leading political issue in many parts of the world.土地的保有权在世界很多地区是主要的政治问题。

13 impeachment   

n.弹劾；控告；怀疑

参考例句：

• Impeachment is considered a drastic measure in the United States.在美国，弹劾被视为一种非常激烈的措施。
• The verdict resulting from his impeachment destroyed his political career.他遭弹劾后得到的判决毁了他的政治生涯。

14 censure   

v./n.责备；非难；责难

参考例句：

• You must not censure him until you know the whole story.在弄清全部事实真相前不要谴责他。
• His dishonest behaviour came under severe censure.他的不诚实行为受到了严厉指责。

15 lavish   

adj.无节制的；浪费的；vt.慷慨地给予，挥霍

参考例句：

• He despised people who were lavish with their praises.他看不起那些阿谀奉承的人。
• The sets and costumes are lavish.布景和服装极尽奢华。

16 strenuously   

adv.奋发地，费力地

参考例句：

• The company has strenuously defended its decision to reduce the workforce. 公司竭力为其裁员的决定辩护。
• She denied the accusation with some warmth, ie strenuously, forcefully. 她有些激动，竭力否认这一指责。