The Supreme Court may have tossed abortion decisions back to the states, but groups against abortion rights are still making a nationwide push.
最高法院可能已经把堕胎的决定权抛回了各州,但反对堕胎权利的团体仍在全国范围内猛攻。
They spent almost 50 years laying the groundwork for so-called trigger laws to go into effect once federal abortion rights were overturned.
他们花了近50年的时间为所说的触发法奠定基础,以便在联邦堕胎权被推翻后生效。
We were able to really get a little bit more creative with our laws and seeing just how far can we go to effectively protect unborn children.
我们能够在法律上更有创意一点,看看我们能在多大程度上有效地保护未出生的孩子。
That's Ingrid Duran of the National Right to Life Committee.
这是国家生命权利委员会的英格丽·杜兰。
Utah's among several states with a trigger law.
犹他州是通过触发法的几个州之一。
A federal judge is hearing arguments today over whether to let the measure go into effect after temporarily halting the restrictions.
今天,一名联邦法官听取了关于暂时停止限制后是否让该措施生效的辩论。
But how did we get here?
但我们是怎么走到这一步的?
NPR's Ximena Bustillo is following their efforts. Welcome.
NPR新闻的西梅娜·巴斯蒂洛在关注他们做出的努力。
Thank you for having me.
谢谢你们邀请我。
Who are the two groups you are focusing on here?
你关注的是哪两个团体?
I focused on the National Right to Life Committee and Americans United for Freedom.
我关注的是全国生命权利委员会和美国自由联盟。
These are two groups that for decades have been working with their staffs to craft legislation for statehouses to really heavily restrict abortion or outright completely ban it on the hope that one day Roe would be overturned.
这两个团体几十年来一直与他们的工作人员一起为州议会起草立法,以真正严格限制堕胎或完全禁止堕胎,希望有一天罗伊案件的判决会被推翻。
The way that these groups work is that they write their own bills that state lawmakers can just copy and paste and put their name on, or they can kind of take independent parts and provisions to make into their own bills that might eventually be signed into law.
这些团体的工作方式是,他们编写完自己的法案,州议员只需复制粘贴并在上面签名,或者他们可以把独立的部分和条款变成自己的法案,这些最终可能会被签署为法律。
I spoke to Elizabeth Nash, the state policy analyst at the Guttmacher Institute, a think tank that supports abortions. Here's what she said.
我采访了支持堕胎的智库古特马赫研究所的州政策分析师伊丽莎白·纳什。 她是这么说的。
So we saw these legislatures adopting restriction after restriction, and that moved states to then start thinking about abortion bans because most of these states had adopted pretty much every restriction in the book.
我们看到这些立法机构采取了一个又一个限制措施,这促使各州开始考虑禁止堕胎,因为这些州几乎采纳了所有的限制办法。
They also have state affiliates that will do much of the same work.
他们也有州附属机构,这些机构将完成大部分相同的工作。
These organizations were successful in using their legal service, using their knowledge base, using their ability to lobby, to incrementally set the groundwork for total abortion bans in some states in the hope that Roe would be overturned.
这些团体成功地利用他们的法律服务,利用他们的知识基础,利用他们的游说能力,逐步为一些州的全面堕胎禁令奠定基础,希望能推翻罗伊案件的判决。
Oh, that's interesting.
哦, 那很有趣。
So they were working at the state level with an idea of how the bills passed there might be judged by the Supreme Court eventually.
他们在州一级机构进行工作,设想着那里通过的法案最终可以由最高法院裁决。
How did their strategy evolve over all these many years?
这么多年来,他们的策略是如何演变的?
Right. Well, whether it's the local level or the national level, the makeup of the Supreme Court absolutely mattered on the risk that there would someday be a challenge and also because it's not practical policy to pass a bill that's immediately going to be blocked in court.
对。嗯,无论是地方层面还是国家层面,最高法院的组成绝对影响到有朝一日会变成挑战的风险,因为通过一项立即在法庭上被阻止的法案是不切实际的政策。
Then your law cannot be enacted. It can't work.
那你的法律就不能颁布了。这行不通的。
So, for example, when Justice Anthony Kennedy, who was perceived as a swing vote on abortion issues, was on the court, these groups introduced bills all over the country that would ban abortion after 20 weeks because Kennedy was seen as more likely to vote in favor of a bill like that versus a bill that would completely ban abortion.
例如,当大法官安东尼·肯尼迪,在堕胎问题上被认为是决定性的一票,在法庭上,这些团体在全国各地提出禁止怀孕20周后堕胎的法案,因为肯尼迪被认为更有可能投票支持这样的法案,而不可能投票给完全禁止堕胎的法案。
Then we saw the strategy change again.
然后我们又看到了策略的改变。
Former President Trump was able to place three very conservative justices on the court, and that gave activists a lot of room to work with.
前总统特朗普能够让三名非常保守的法官进入最高法院,这给了活动人士很大的合作空间。
Ingrid Duran, director of the Department of State Legislation at the National Right to Life Committee, put it this way.
国家生命权利委员会的州立法部主任英格丽德·杜兰是这么说的。
Because with Kennedy, we saw him as a swing vote.
因为对于肯尼迪,我们认为他是决定性的一票。
But once we got Gorsuch, once we've got Amy Coney Barrett and Kavanaugh, that swing vote idea went away, and we were able to really get a little bit more creative with our laws and seeing just how far can we go to effectively protect unborn children.
但一旦我们有了戈萨奇的投票,一旦我们有了艾米·科尼·巴雷特和卡瓦诺的投票,争取决定性投票的想法就消失了,我们能够在法律上变得更有创意一点,看看我们能在多大程度上有效地保护未出生的孩子。
And in 2019, we saw a new wave of trigger laws be introduced and passed in states after no movement since 2007.
2019年,我们就看到一些州引入和通过了一波触发法,而这自2007年以来没有任何进展。
译文属可可原创,仅供学习交流使用,未经许可请勿转载