美国国家公共电台 NPR Still Down A Justice, Supreme Court Term Is Off To A Restrained Start

Still Down A Justice, Supreme¹ Court Term Is Off To A Restrained Start

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And now let's hear what's happening at the U.S. Supreme Court where the justices are getting down to work today hearing the first arguments of a new term. NPR legal affairs correspondent Nina Totenberg has this look at what to expect.

NINA TOTENBERG, BYLINE³: It's been eight months since Justice Antonin Scalia, a conservative icon⁴, died unexpectedly. An hour after Scalia's death was confirmed, Senate Republican leader Mitch McConnell issued a statement declaring that there would be no hearings and no vote on anyone President Obama named to fill the vacancy⁵. The seat, he declared, would be filled by the next president.

Eight months later, McConnell's been true to his word. Even after President Obama offered an apparent olive branch - nominating Merrick Garland, a centrist liberal judge long praised by Republicans - McConnell did not budge⁶. Garland has now waited for a confirmation⁷ vote longer than any other Supreme Court nominee⁸ in history. And the likelihood is that the seat will remain vacant for most of the current Supreme Court term as well.

The only possibility for a nine-justice court prior to 2017 would be if Hillary Clinton is elected in November and if McConnell were to allow a hearing and vote during the lame-duck session of Congress prior to January. And that is something that so far the GOP Senate leader has pledged not to do. That means that the court will remain shorthanded and often deadlocked⁹ on some of the most controversial and difficult issues of the day.

Last term, the court deadlocked on a record four cases. A tie vote means the lower court decision prevails for now but sets no national precedent¹⁰. In the short term, that's not the end of the world. But as Justice Elena Kagan observed this summer...

(SOUNDBITE OF ARCHIVED RECORDING)

ELENA KAGAN: A tie does nobody any good. We're there to resolve cases that need deciding, answer hotly contested issues. And you can't do that with a tie vote.

TOTENBERG: Kagan went on to praise Chief Justice Roberts.

(SOUNDBITE OF ARCHIVED RECORDING)

KAGAN: I think enormous credit goes to the chief justice who's really tried to forge compromise, who's really tried to keep to a minimum the number of cases where we just throw up our hands and say we can't reach a decision.

TOTENBERG: But she warned as the months tick by the consequences grow more severe. Compromise is all well and good, she seemed to say, but last term, some cases were decided¹¹ on such narrow grounds that the court ultimately decided nothing of consequence, leaving unanswered the question the court had initially¹² planned to resolve and leaving in place conflicting lower court decisions across the country.

(SOUNDBITE OF ARCHIVED RECORDING)

KAGAN: Over time, that's a problem. Is that cost free? No, it's absolutely not.

TOTENBERG: As the new term opens, there are already indications that Chief Justice Roberts is using every tool at his disposal to manage the situation. The court has granted significantly fewer cases. And as to the most controversial cases granted last year before Scalia died, several have not been scheduled for argument yet as they normally would have been. Perhaps the most contentious¹³ of these is a case that tests state constitutions that strictly¹⁴ forbid any direct or indirect aid to religious schools. Specifically, a church in Missouri is challenging the denial of a state grant to a church-run preschool that wanted the money to rubberize the playground. But as SCOTUSblog publisher Tom Goldstein observes...

TOM GOLDSTEIN: When the big item on the agenda is what kind of rubber playgrounds we're going to have at some churches, you know that so far it's a bit of a yawner.

TOTENBERG: One death penalty case could have broad effect. In 2002, the Supreme Court ruled that states could not execute the, quote, "mentally retarded¹⁵." But it didn't define what qualified¹⁶ as retardation¹⁷, leaving that to the states. Now the issue is back with death penalty opponents asking for stricter rules. Then, too, there are cases that test when state legislatures can draw district lines to minimize the impact of the black vote. And headed back to the court are tests of strict voter ID laws enacted¹⁸ by Republican legislatures in 2013 after the Supreme Court, by a 5 to 4 vote, struck down a key provision of the Voting Rights Act. Without a ninth justice, though, any of these cases could end in another tie. Nina Totenberg, NPR News, Washington.

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 browser   

n.浏览者

参考例句：

• View edits in a web browser.在浏览器中看编辑的效果。
• I think my browser has a list of shareware links.我想在浏览器中会有一系列的共享软件链接。

3 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

4 icon   

n.偶像，崇拜的对象，画像

参考例句：

• They found an icon in the monastery.他们在修道院中发现了一个圣像。
• Click on this icon to align or justify text.点击这个图标使文本排齐。

5 vacancy   

n.（旅馆的）空位，空房，（职务的）空缺

参考例句：

• Her going on maternity leave will create a temporary vacancy.她休产假时将会有一个临时空缺。
• The vacancy of her expression made me doubt if she was listening.她茫然的神情让我怀疑她是否在听。

6 budge   

v.移动一点儿；改变立场

参考例句：

• We tried to lift the rock but it wouldn't budge.我们试图把大石头抬起来，但它连动都没动一下。
• She wouldn't budge on the issue.她在这个问题上不肯让步。

7 confirmation   

n.证实，确认，批准

参考例句：

• We are waiting for confirmation of the news.我们正在等待证实那个消息。
• We need confirmation in writing before we can send your order out.给你们发送订购的货物之前，我们需要书面确认。

8 nominee   

n.被提名者；被任命者；被推荐者

参考例句：

• His nominee for vice president was elected only after a second ballot.他提名的副总统在两轮投票后才当选。
• Mr.Francisco is standing as the official nominee for the post of District Secretary.弗朗西斯科先生是行政书记职位的正式提名人。

9 deadlocked   

陷入僵局的；僵持不下的

参考例句：

• The plan deadlocked over the funds. 这个计划由于经费问题而搁浅了。
• The meeting deadlocked over the wage issue. 会议因工资问题而停顿下来。

10 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。

11 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。

12 initially   

adv.最初，开始

参考例句：

• The ban was initially opposed by the US.这一禁令首先遭到美国的反对。
• Feathers initially developed from insect scales.羽毛最初由昆虫的翅瓣演化而来。

13 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。

14 strictly   

adv.严厉地，严格地；严密地

参考例句：

• His doctor is dieting him strictly.他的医生严格规定他的饮食。
• The guests were seated strictly in order of precedence.客人严格按照地位高低就座。

15 retarded   

a.智力迟钝的，智力发育迟缓的

参考例句：

• The progression of the disease can be retarded by early surgery. 早期手术可以抑制病情的发展。
• He was so slow that many thought him mentally retarded. 他迟钝得很，许多人以为他智力低下。

16 qualified   

adj.合格的，有资格的，胜任的，有限制的

参考例句：

• He is qualified as a complete man of letters.他有资格当真正的文学家。
• We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

17 retardation   

n.智力迟钝，精神发育迟缓

参考例句：

• Asbestos reinforcement confers excellent flame retardation properties on a composite. 石棉增强材料使复合材料具有优异的防火性能。
• The theory confirms the increase in the retardation effect with decrease in particle size. 理论证实，随着颗粒尺寸的减小，这一减速效应将增大。

18 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹