AS IT IS 2016-02-24 What Lies Ahead for the US Supreme Court?

AS IT IS 2016-02-24 What Lies Ahead for the US Supreme¹ Court?

The death of a member of the United States’ highest court has politicians arguing over who will take his place and when.

Supreme Court Justice Antonin Scalia died February 13 at age 79. He served on the court for nearly 30 years. He was one of its most conservative members.

Scalia was nominated in 1986 during the presidency² of Ronald Reagan.

The Supreme Court is now split between four justices who often take liberal positions on legal issues, and four others who are said to be conservative.

Scalia’s replacement³ could shape the high court’s decisions for years to come.

Discussion about a new justice is heated with the court considering cases on issues such as immigration and affirmative action.

Liberals want President Barack Obama to name another justice before he leaves office. Conservatives do not. They hope a Republican is elected president in November. They believe that person would then appoint a conservative justice. 

Experts say Obama is considering at least five scholars from diverse backgrounds as a possible replacement for Scalia.

Choosing a New Supreme Court Justice

So, who has the power to name the next Supreme Court Justice: The president or the people?

“Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent” -- or approval -- of the Senate, according to supremecourt.gov. Those powers are guaranteed under the U.S. Constitution.

Once confirmed, a justice can serve on the Supreme Court for the rest of his or her life.

David Savage⁴ has reported on the court for 30 years for the Los Angeles Times, and written a book about it.

He says it is “possible, but unlikely” that a new justice will be seated on the court before the next president takes office.

The U.S. Supreme Court was created in 1789. Since then, 40 presidents have made 160 nominations⁵ to the court. The Senate confirmed 124 of those nominees⁶. Seven others refused to serve.

Worldwide, the Supreme Court serves as a model for the fair and democratic treatment of legal disputes. 

It is one of the three parts of the U.S. government: Congress, the Judiciary, and the President.

The Power of the Court

Savage explains why some Americans think the Supreme Court has more power than the president.

“Because it decides major Constitutional issues that, once decided⁷, have a huge impact across the country, and basically can’t be changed by the president.”

The court, he says, decides big issues that affect many people in important ways.

“You know, matters like abortion⁸, the death penalty, affirmative action, gay rights, gun rights. When the court decides a Constitutional issue and says there is a right to have a gun, and there is a right to equal rights for same sex marriages, that’s a big change in the law, affects a lot of people and it goes well beyond, you know, one president’s term.”

Overturning the Court's Rulings

If the president or American citizens do not like a Supreme Court ruling, it is very hard to change. There are several ways to do it, but they are difficult and require time.

One way, says Savage, would be to pass a constitutional amendment⁹. But that would need two-thirds of Congress and three-fourths of the states’ approval. This is “pretty unlikely to happen,” he says. And it is “almost impossible” in today’s politically divided country.

Another way to overturn a ruling would be if new justices were appointed to the Supreme Court. Then a similar case could move through lower courts and be heard by the Supreme Court, where the new justices could overturn the earlier ruling.

From time to time, the Supreme Court does overturn some of its earlier rulings. One such example came in 1954 in a case called Brown v. Board of Education of Topeka, Kansas. This ruling declared racial segregation¹⁰ unconstitutional. 

Brown overturned Plessy v. Ferguson, which in 1896 supported segregation or inequality among races.

Supreme Court History

Over time, the court has ruled on equality for blacks, women and gays; legalized operations for ending pregnancies¹¹; and approved use of the death sentence as a form of criminal punishment. It has supported the right to carry a gun, and the right for people of the same sex to marry.

Savage explains the court’s decisions follow changes in American thinking and beliefs over time.

"Well, I think it reflects American society in the sense that the big changes on the court really tend to flow out of big changes around the country, and in thinking.”

Major Supreme Court Rulings

Here are some other important cases the court has decided:

Gideon v. Wainwright (1963)

States must provide defense¹² lawyers to criminal defendants¹³ charged with serious crimes when the defendant¹⁴ does not have enough money for a lawyer. The Supreme Court ruled that the defense attorney must be paid for by the public.

Miranda v. Arizona (1966)

The court ruled that police must inform a suspect that they have the right to remain silent during questioning. Suspects must voluntarily give up those rights before police can use their statements in court against them.

Roe¹⁵ v. Wade¹⁶ (1973)

The court recognized that a woman’s choice to end her pregnancy¹⁷ is protected by her right to privacy. The legalization of abortion continues to be debated in the U.S. today.

United States v. Nixon (1974)

This case showed that “the president is not above the law,” says Savage. President Richard Nixon had refused to give investigators¹⁸ tape recordings¹⁹ of him discussing the Watergate scandal with his aides. The Supreme Court ruled he must surrender those tapes. He did so, and resigned as president 16 days later.

Citizens United v. FEC (2010)

The court ruled that the First Amendment allows individuals, corporations and organizations unlimited²⁰ spending on political elections. Since then, individuals or organizations have spent large amounts of money on candidates and causes of their choice.

Words in This Story

affirmative action – n. an policy designed to help those who suffer from discrimination, especially in relation to employment or education

vested – adj. fully²¹ guaranteed as a legal right

abortion – n. the medical operation for ending a pregnancy

gays – n.  homosexuals

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 presidency   

n.总统(校长，总经理)的职位(任期)

参考例句：

• Roosevelt was elected four times to the presidency of the United States.罗斯福连续当选四届美国总统。
• Two candidates are emerging as contestants for the presidency.两位候选人最终成为总统职位竞争者。

3 replacement   

n.取代，替换，交换；替代品，代用品

参考例句：

• We are hard put to find a replacement for our assistant.我们很难找到一个人来代替我们的助手。
• They put all the students through the replacement examination.他们让所有的学生参加分班考试。

4 savage   

adj.野蛮的；凶恶的，残暴的；n.未开化的人

参考例句：

• The poor man received a savage beating from the thugs.那可怜的人遭到暴徒的痛打。
• He has a savage temper.他脾气粗暴。

5 nominations   

n.提名，任命( nomination的名词复数 )

参考例句：

• Nominations are invited for the post of party chairman. 为党主席职位征集候选人。 来自《简明英汉词典》
• Much coverage surrounded his abortive bids for the 1960,1964, and 1968 Republican Presidential nominations. 许多消息报道都围绕着1960年、1964年和1968年他为争取提名为共和党总统候选人所做努力的失败。 来自辞典例句

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 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。

8 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。

9 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。

10 segregation   

n.隔离，种族隔离

参考例句：

• Many school boards found segregation a hot potato in the early 1960s.在60年代初，许多学校部门都觉得按水平分班是一个棘手的问题。
• They were tired to death of segregation and of being kicked around.他们十分厌恶种族隔离和总是被人踢来踢去。

11 pregnancies   

怀孕，妊娠( pregnancy的名词复数 )

参考例句：

• Since the wartime population needed replenishment, pregnancies were a good sign. 最后一桩倒不失为好现象，战时人口正该补充。
• She's had three pregnancies in four years. 她在四年中怀孕叁次。

12 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

13 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

14 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

15 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？

16 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。

17 pregnancy   

n.怀孕，怀孕期

参考例句：

• Early pregnancy is often accompanied by nausea.怀孕早期常有恶心的现象。
• Smoking during pregnancy increases the risk of miscarriage.怀孕期吸烟会增加流产的危险。

18 investigators   

n.调查者，审查者( investigator的名词复数 )

参考例句：

• This memo could be the smoking gun that investigators have been looking for. 这份备忘录可能是调查人员一直在寻找的证据。
• The team consisted of six investigators and two secretaries. 这个团队由六个调查人员和两个秘书组成。 来自《简明英汉词典》

19 recordings   

n.记录( recording的名词复数 )；录音；录像；唱片

参考例句：

• a boxed set of original recordings 一套盒装原声录音带
• old jazz recordings reissued on CD 以激光唱片重新发行的老爵士乐

20 unlimited   

adj.无限的，不受控制的，无条件的

参考例句：

• They flew over the unlimited reaches of the Arctic.他们飞过了茫茫无边的北极上空。
• There is no safety in unlimited technological hubris.在技术方面自以为是会很危险。

21 fully   

adv.完全地，全部地，彻底地；充分地

参考例句：

• The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气，然后全部呼出。
• They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。