With Justice Breyer retiring, Biden will have a Supreme Court pick

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With Justice Breyer retiring, Biden will have a Supreme¹ Court pick

Transcript²

NPR's Rachel Martin talks to Christopher Kang of Demand Justice, which advocates for court reform and progressive-leaning judges, about Supreme Court Justice Stephen Breyer's decision to retire.

RACHEL MARTIN, HOST:

Today, President Biden is expected to meet with Supreme Court Justice Stephen Breyer. In that meeting, Breyer is expected to formally announce that he is retiring from the nation's high court after serving nearly three decades. President Biden will now get his first chance to appoint a new justice. Christopher Kang is with the advocacy group Demand Justice. He has served in the White House as deputy counsel to then-President Obama, overseeing the vetting³ and selection of more than 200 judicial⁴ nominees⁶. So he's got a pretty good sense of what this process is going to look like. And he joins me now. Christopher, thanks for being here.

CHRISTOPHER KANG: Morning. Thanks so much for having me.

MARTIN: I want to talk about process in a minute. But let's talk about people first. President Biden has said that if given the chance, which he now has, that he would nominate the first Black woman to the court. Who's likely to get this job?

KANG: So I think that there are a few contenders in the job. The leading contender is Judge Ketanji Brown Jackson of the District of Columbia Circuit Court. So it's often considered the second most important court in the country. And not only does she bring almost a decade of experience as a federal judge, but she also really embodies⁷ President Biden's commitment to professional diversity. Her career includes time as a federal public defender⁸, representing people who couldn't afford a lawyer who have been accused of committing crimes, as well as being a sentencing commissioner⁹. So she will have great experience on the criminal side, which has been lacking. The Supreme Court has not had a lawyer who's represented defendants¹⁰ in criminal cases since Thurgood Marshall retired¹¹ almost three decades ago.

MARTIN: Another name at the top of the list - Leondra Kruger, right?

KANG: Yes. She is a Supreme Court justice in California. She also served in the Obama administration. She's also one of the leading contenders because there are very few Black women who have risen to the level that she has in our nation's courts.

MARTIN: I do want to draw out an interesting detail about Ketanji Brown Jackson. She is related by marriage to former GOP Speaker of the House Paul Ryan?

KANG: She is. I think it's, like, her brother's - her husband's brother is married to somebody in Paul Ryan's family. I think it was very exciting when Ketanji Brown Jackson was nominated to the district court in the District of Columbia that Paul Ryan actually came and introduced her and spoke¹² glowingly of her. And I think it really speaks to the bipartisan support she would have if she were nominated.

MARTIN: I mean, that's going to be the rub, right? I mean, it's 50-50 in the Senate. It's a heavily partisan¹³ moment. How does that affect the nomination¹⁴ process going forward here?

KANG: Well, right now, Democrats¹⁵ could confirm a Supreme Court justice with just 50 votes in the Senate, plus Vice¹⁶ President Harris breaking the tie. But I think that we just saw Judge Jackson was confirmed by this same Senate less than a year ago to her current position with three Republican votes. And I think that anybody who the president is looking at - a highly qualified¹⁷, historic nominee⁵ - is going to bring that kind of bipartisan support so it won't be just a 50-50 vote at the end of the day.

MARTIN: NPR is reporting, along with other media outlets¹⁸, that the Senate majority leader, Chuck Schumer, wants to move fast on this. He is citing the quick turnaround for Justice Amy Coney Barrett's confirmation¹⁹. That took roughly a month - right? - from when she was nominated. How likely is that kind of speed in this moment?

KANG: I think it should be the expectation. And Republicans set this precedent²⁰ of confirming a Supreme Court nomination 30 days after the president put the name forward. And I think that that should be the expectation this time around as well.

MARTIN: I wonder if you could reflect for a moment on Justice Stephen Breyer. What strikes you about his legacy²¹? What does the court lose with his departure?

KANG: Well, he has a great legacy. In particular, he's written these powerful decisions with respect to protecting the access to abortion²². And I think especially this term, when this Republican supermajority on the Supreme Court seems poised²³ to overturn the landmark²⁴ decision of Roe²⁵ v. Wade²⁶, protecting that right to abortion, it really crystallizes the importance of Justice Breyer's voice and what he's brought to the court. He served on it for almost three decades. He's seen a lot of change. He's been on the right side of history of so many important cases. But I also think that his decision to step aside now and ensure that President Biden can nominate a successor while Democrats control the Senate is an important decision as well.

MARTIN: As you look towards a confirmation hearing, what are the issues that you can imagine flaring²⁷ up?

KANG: Well, I think one of - regrettably, one of the things that any nominee that the president puts forward, being the first Black woman, is going to face a lot of bad-faith attacks. I think we've seen it in particular with other nominees of color and women of color whom the president has nominated to judgeships and other positions. And I think that's just something that we're going to have to be ready for. The actual stakes here are a little bit lower than they have been in the past because Republicans, again, will maintain this supermajority hold on the court. It'll still be six justices out of nine appointed by a Republican president. So I think a lot of the attacks will be, regrettably, bad faith...

MARTIN: What does that mean?

KANG: Well, I think that we've seen women of color in particular be subjected to more aggressive line of hearing, a double standard of questions and expectations of knowledge of the law that they don't ask of other candidates. And I think that we just have to be ready for that sort of hostility²⁸ to come from the other side.

MARTIN: Christopher Kang of Demand Justice, we appreciate your perspective on this this morning. Thank you so much for being here.

KANG: Sure. Thanks for having me.

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 vetting   

n.数据检查[核对，核实]v.审查（某人过去的记录、资格等）( vet的现在分词 )；调查；检查；诊疗

参考例句：

• Scripts had to be submitted to Ministry of Information officials for vetting. 必须把脚本提交给信息部官员审查。 来自互联网
• Their purpose in clicking deeper into a site is one of vetting. 他们深入点击网站的目的是一种诊疗。 来自互联网

4 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

5 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。

6 nominees   

n.被提名者，被任命者( nominee的名词复数 )

参考例句：

• She's one of the nominees. 她是被提名者之一。 来自超越目标英语 第2册
• A startling number of his nominees for senior positions have imploded. 他所提名的高级官员被否决的数目令人震惊。 来自互联网

7 embodies   

v.表现( embody的第三人称单数 )；象征；包括；包含

参考例句：

• The new treaty embodies the aspirations of most nonaligned countries. 新条约体现了大多数不结盟国家的愿望。 来自《简明英汉词典》
• This document embodies the concern of the government for the deformity. 这个文件体现了政府对残疾人的关怀。 来自《现代汉英综合大词典》

8 defender   

n.保卫者，拥护者，辩护人

参考例句：

• He shouldered off a defender and shot at goal.他用肩膀挡开防守队员，然后射门。
• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。

9 commissioner   

n.（政府厅、局、处等部门）专员，长官，委员

参考例句：

• The commissioner has issued a warrant for her arrest.专员发出了对她的逮捕令。
• He was tapped for police commissioner.他被任命为警务处长。

10 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

11 retired   

adj.隐退的，退休的，退役的

参考例句：

• The old man retired to the country for rest.这位老人下乡休息去了。
• Many retired people take up gardening as a hobby.许多退休的人都以从事园艺为嗜好。

12 spoke   

n.（车轮的）辐条；轮辐；破坏某人的计划；阻挠某人的行动 v.讲，谈（speak的过去式）；说；演说；从某种观点来说

参考例句：

• They sourced the spoke nuts from our company.他们的轮辐螺帽是从我们公司获得的。
• The spokes of a wheel are the bars that connect the outer ring to the centre.辐条是轮子上连接外圈与中心的条棒。

13 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。

14 nomination   

n.提名，任命，提名权

参考例句：

• John is favourite to get the nomination for club president.约翰最有希望被提名为俱乐部主席。
• Few people pronounced for his nomination.很少人表示赞成他的提名。

15 democrats   

n.民主主义者，民主人士( democrat的名词复数 )

参考例句：

• The Democrats held a pep rally on Capitol Hill yesterday. 民主党昨天在国会山召开了竞选誓师大会。
• The democrats organize a filibuster in the senate. 民主党党员组织了阻挠议事。 来自《简明英汉词典》

16 vice   

n.坏事；恶习；[pl.]台钳，老虎钳；adj.副的

参考例句：

• He guarded himself against vice.他避免染上坏习惯。
• They are sunk in the depth of vice.他们堕入了罪恶的深渊。

17 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。

18 outlets   

n.出口( outlet的名词复数 )；经销店；插座；廉价经销店

参考例句：

• The dumping of foreign cotton blocked outlets for locally grown cotton. 外国棉花的倾销阻滞了当地生产的棉花的销路。 来自《简明英汉词典》
• They must find outlets for their products. 他们必须为自己的产品寻找出路。 来自《现代汉英综合大词典》

19 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。

20 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。

21 legacy   

n.遗产，遗赠；先人(或过去)留下的东西

参考例句：

• They are the most precious cultural legacy our forefathers left.它们是我们祖先留下来的最宝贵的文化遗产。
• He thinks the legacy is a gift from the Gods.他认为这笔遗产是天赐之物。

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 poised   

a.摆好姿势不动的

参考例句：

• The hawk poised in mid-air ready to swoop. 老鹰在半空中盘旋，准备俯冲。
• Tina was tense, her hand poised over the telephone. 蒂娜心情紧张，手悬在电话机上。

24 landmark   

n.陆标，划时代的事，地界标

参考例句：

• The Russian Revolution represents a landmark in world history.俄国革命是世界历史上的一个里程碑。
• The tower was once a landmark for ships.这座塔曾是船只的陆标。

25 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？

26 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。

27 flaring   

a.火焰摇曳的，过份艳丽的

参考例句：

• A vulgar flaring paper adorned the walls. 墙壁上装饰着廉价的花纸。
• Goebbels was flaring up at me. 戈塔尔当时已对我面呈愠色。

28 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。