美国国家公共电台 NPR Justice Gorsuch Finds His 'Easier' Solution Has Few Takers On 1st Day

 

ROBERT SIEGEL, HOST:

Neil Gorsuch took his seat on the nation's highest court today. He quickly proved himself to be an active, persistent¹ questioner. NPR legal affairs correspondent Nina Totenberg reports.

NINA TOTENBERG, BYLINE²: Gorsuch emerged from behind the red velvet³ curtains with his eight colleagues and took his seat at the far right of the bench where the court's most junior justice always sits, whatever his politics. Despite his white hair, Gorsuch looked for all the world like a kid on his first day of high school, proud to be with the big guys and sitting tall with a tiny grin on his face.

Chief Justice John Roberts welcomed Gorsuch to, quote, "our common calling." And then it was off to the races with three cases interesting only to true legal nerds. Indeed the justices may have been the liveliest looking people in the courtroom, though Justice Samuel Alito at one point could be seen eyes closed, rocking gently in his high-backed chair.

All three cases involved technical and convoluted⁴ points of law that, well, to say the least, are not made for radio. Eleven minutes into the morning session, Gorsuch asked a string of questions in a case involving which court or courts should hear discrimination and civil service claims brought by government employees. Gorsuch repeatedly suggested it would be, quote, "a lot simpler," or, quote, "a lot easier if we just follow the text of the statute⁵." But as the lawyers on both sides and other justices pointed⁶ out, the statute has multiple provisions. They're interdependent. And nothing about them is simple or easy.

This is unbelievably complicated, lamented⁷ Justice Alito. The one thing to me that's perfectly⁸ clear about this case is that nobody who's not a lawyer and no ordinary lawyer could read these statutes⁹ and know what they're supposed to do. Who wrote this statute, somebody that takes pleasure out of pulling the wings off of flies?

Justice Sonia Sotomayor seemed to agree, at one point telling counsel, if we go down your route and I'm writing the opinion - which I hope I'm not - Justice Gorsuch at this point again suggested the simple solution is just to read the words in the statute. But Gorsuch had a relatively¹⁰ novel idea of what a statute means when it says to apply one provision of the law subject to another.

Justice Elena Kagan noted¹¹ that the court has had a contrary interpretation¹² for decades. To adopt a new interpretation, she said, would be, quote, "a kind of revolution to the extent you can have a revolution in this kind of case," she added wryly¹³.

Nina Totenberg NPR News, Washington.

(SOUNDBITE OF PRESERVATION¹⁴ HALL JAZZ BAND'S "THAT'S IT!")

1 persistent   

adj.坚持不懈的，执意的；持续的

参考例句：

• Albert had a persistent headache that lasted for three days.艾伯特连续头痛了三天。
• She felt embarrassed by his persistent attentions.他不时地向她大献殷勤，使她很难为情。

2 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。

3 velvet   

n.丝绒，天鹅绒；adj.丝绒制的，柔软的

参考例句：

• This material feels like velvet.这料子摸起来像丝绒。
• The new settlers wore the finest silk and velvet clothing.新来的移民穿着最华丽的丝绸和天鹅绒衣服。

4 convoluted   

adj.旋绕的；复杂的

参考例句：

• The snake slithered through a convoluted path.蛇在羊肠小道上爬行。
• The policy is so convoluted even college presidents are confused.这项政策太令人费解，甚至连大学校长们也是一头雾水。

5 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

6 pointed   

adj.尖的，直截了当的

参考例句：

• He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
• She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。

7 lamented   

adj.被哀悼的，令人遗憾的v.（为…）哀悼，痛哭，悲伤( lament的过去式和过去分词 )

参考例句：

• her late lamented husband 她那令人怀念的已故的丈夫
• We lamented over our bad luck. 我们为自己的不幸而悲伤。 来自《简明英汉词典》

8 perfectly   

adv.完美地，无可非议地，彻底地

参考例句：

• The witnesses were each perfectly certain of what they said.证人们个个对自己所说的话十分肯定。
• Everything that we're doing is all perfectly above board.我们做的每件事情都是光明正大的。

9 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

10 relatively   

adv.比较...地，相对地

参考例句：

• The rabbit is a relatively recent introduction in Australia.兔子是相对较新引入澳大利亚的物种。
• The operation was relatively painless.手术相对来说不痛。

11 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

12 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。

13 wryly   

adv. 挖苦地，嘲弄地

参考例句：

• Molly smiled rather wryly and said nothing. 莫莉苦笑着，一句话也没说。
• He smiled wryly, then closed his eyes and gnawed his lips. 他狞笑一声，就闭了眼睛，咬着嘴唇。 来自子夜部分

14 preservation   

n.保护，维护，保存，保留，保持

参考例句：

• The police are responsible for the preservation of law and order.警察负责维持法律与秩序。
• The picture is in an excellent state of preservation.这幅画保存得极为完好。