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(单词翻译:双击或拖选)
Examining 2 days of Senate confirmation1 hearings for Biden's Supreme2 Court nominee3
NPR's Steve Inskeep talks to Tomiko Brown-Nagin, dean of Harvard Radcliffe Institute, about Supreme Court nominee Ketanji Brown Jackson's judicial5 philosophy.
STEVE INSKEEP, HOST:
Now, as Judge Jackson prepares for another day of testimony6, we want to explore how successful she's been so far in answering the questions from her first marathon session on Capitol Hill. Tomiko Brown-Nagin is a legal expert and dean of the Harvard Radcliffe Institute. She joins us now. Welcome.
TOMIKO BROWN-NAGIN: Hi, Steve. Nice to be on the show.
INSKEEP: How did you think Judge Jackson did?
BROWN-NAGIN: I thought she did remarkably7 well under really tough questioning. She was composed. She showed that she knows the relevant doctrines8 and handled herself, I thought, very well.
INSKEEP: I am interested in Susan Davis's report. She was asked about Roe9 v. Wade10. She was asked about the Casey ruling. And she's made a point of answering the same way that a couple of conservative justices have answered, that this is the settled law of the country. There were other occasions in the hearing yesterday, when she did have an opportunity to speak, when she said things that sounded like things a conservative justice could say or a conservative judge could say - for example, that I am here to interpret the law. I'm not here to make new law. Did she establish, in your mind, a judicial philosophy, where she stands in relation to other judges or justices?
BROWN-NAGIN: Well, she shied away from embracing the terminology11 philosophy, and I understood her to instead want to focus on methodology. And the reason, she said, is because having spent most of her time as a judge, as a district court judge, she has not review the kinds of cases that require a philosophy in the way that legal scholars and others describe, the kind of arguments that Supreme Court justices engage in. What she has said repeatedly is that her methodology requires her to look at text, at original intent. In fact, she embraced the idea that Scalia's view on originalism has captured everyone's imagination, that we're all originalists now. She talked about precedent12, and she said that she follows judicial restraint as opposed to judicial activism, which is really what all these questions are about, whether she is an activist13.
INSKEEP: Well, now that's the difference - right? - between philosophy and methodology, I suppose. If you said you're following a philosophy, you're following your own ideas. By saying methodology, she's saying this is a duty. This is a job. I'm going to read the words on the page and tell you what they mean. Is that right?
BROWN-NAGIN: That's very right. The interesting thing is that although she did repeatedly emphasize that she is independent, that she favors restraint, that she hews14 to precedent, it seemed as if some of the senators did not credit what she was saying repeatedly. And that really went to the reality that these senators are speaking to the American people, to their constituencies. They're trying to draw contrast, even if the nominee is not really giving a basis for doing so - because she's not disagreeing with their perspective in many instances. And so there's a lot of politics, of course, surrounding the nomination15, the hearing process.
INSKEEP: As you likely noticed, a number of the senators acknowledged the historic nature of this hearing. No one who looks like Judge Jackson has ever sat in that particular chair in a hearing like that. How much of a factor has that been, do you think, in this confirmation?
BROWN-NAGIN: I would say it's been a factor in two ways. First, the positive dimension is that it is a big, historic moment that is to be celebrated16 because her presence in that room validates17 equal workplace opportunity at the U.S. Supreme Court, and it has been a long time coming. At the same time, I did notice Judge Jackson was asked quite a few questions about race and about crime that I hadn't noticed other nominees18 asked. And so it does seem as if there are some dynamics19 there that are - see the senators playing to their constituencies and, you know, asking questions about contemporary culture war issues that weren't exactly relevant to the question of whether Judge Jackson has the disposition20 and the knowledge to do a job of the Supreme Court justice.
INSKEEP: Tomiko Brown-Nagin is dean of the Harvard Radcliffe Institute and professor of constitutional law at Harvard. Thanks so much for your insights.
BROWN-NAGIN: You're welcome.
1 confirmation | |
n.证实,确认,批准 | |
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2 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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3 nominee | |
n.被提名者;被任命者;被推荐者 | |
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4 transcript | |
n.抄本,誊本,副本,肄业证书 | |
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5 judicial | |
adj.司法的,法庭的,审判的,明断的,公正的 | |
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6 testimony | |
n.证词;见证,证明 | |
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7 remarkably | |
ad.不同寻常地,相当地 | |
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8 doctrines | |
n.教条( doctrine的名词复数 );教义;学说;(政府政策的)正式声明 | |
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9 roe | |
n.鱼卵;獐鹿 | |
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10 wade | |
v.跋涉,涉水;n.跋涉 | |
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11 terminology | |
n.术语;专有名词 | |
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12 precedent | |
n.先例,前例;惯例;adj.在前的,在先的 | |
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13 activist | |
n.活动分子,积极分子 | |
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14 hews | |
v.(用斧、刀等)砍、劈( hew的第三人称单数 );砍成;劈出;开辟 | |
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15 nomination | |
n.提名,任命,提名权 | |
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16 celebrated | |
adj.有名的,声誉卓著的 | |
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17 validates | |
v.证实( validate的第三人称单数 );确证;使生效;使有法律效力 | |
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18 nominees | |
n.被提名者,被任命者( nominee的名词复数 ) | |
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19 dynamics | |
n.力学,动力学,动力,原动力;动态 | |
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20 disposition | |
n.性情,性格;意向,倾向;排列,部署 | |
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