Name: 墮胎法。法學教授說，美國最高法院推翻墮胎法將立即產生效果|DW新聞 (Abortion law: Overturn by US Supreme Court would have immediate effect, says law professor | DW News)
Uploaded: 2022-05-20T17:06:55.000Z
Duration: 10 min 22 s

what is one of the most contentious issues in US politics.

什麼是美國政治中最有爭議的問題之一。

The right to legal abortion across all 50 states.

所有50個州都有合法墮胎的權利。

進階被動語態

Now that right has been guaranteed by law since the 1973 Roe V wade ruling.

現在，自1973年Roe V wade的裁決以來，這項權利已經得到了法律的保障。

And now it looks like that right may soon be removed.

而現在看來，這項權利可能很快就會被取消。

A draft majority decision by Judge Alito has been leaked to politico and as it stands, it means the end of Roe V wade.

阿利托法官的多數決定草案已被洩露給政治家，從目前的情況來看，這意味著羅伊-韋德的結束。

The Supreme Court Chief Justice has confirmed the authenticity of the document saying it's not a final draft, an investigation into the leak has been opened but the results of the leak are already explosive.

最高法院首席法官已經證實了這份文件的真實性，稱其並非最終草案，對洩密事件的調查已經開始，但洩密的結果已經是爆炸性的。

The bombshell leak set off a fireball of here in the U.

這一爆炸性的洩漏事件在美國掀起了一個火球。

Capitol as pro choice protesters gathered outside the Supreme Court.

國會大廈內，支持選擇的抗議者聚集在最高法院外。

They are not going to get away with this.

Let me say that I don't care what I have to do but they're not going to do this to D.

讓我說，我不在乎我必須做什麼，但他們不會對D這樣做。

And they are not going to do this to America.

There's more of us than there is of them and we are going to fight the only a draft, it's the strongest evidence yet that a majority of the Supreme Court is preparing to overturn the right to abortion.

我們的人比他們多，我們將與唯一的草案作鬥爭，這是迄今為止最有力的證據，表明最高法院的大多數人正準備推翻墮胎權。

A right established nearly half a century ago in the 1973 landmark ruling roe v wade.

一項近半個世紀前在1973年具有里程碑意義的Roe訴Wade的裁決中確立的權利。

The opinion penned by Justice Samuel Alito and backed by other conservative justices goes further than many expected.

由大法官塞繆爾-阿利托撰寫並得到其他保守派大法官支持的意見比許多人預期的更進一步。

The 98 page long document cults wrote egregiously wrong from the start and will leave the fate of a woman's right to choose in the hands of lawmakers in individual states for anti abortion activists, it would mark a victory decades in the making made possible by President Donald trump who's three appointments to the Supreme Court tilted the balance and conservatives favor.

這份長達98頁的文件從一開始就寫得極其錯誤，並將把婦女選擇權的命運交到各個州的立法者手中，對於反墮胎活動家來說，這將標誌著唐納德-特朗普總統幾十年來取得的勝利，他對最高法院的三項任命使天平傾斜，有利於保守派。

But for millions of women, the ruling would come at a high cost.

但對於數百萬婦女來說，這項裁決將付出高昂的代價。

As many seeking an abortion would have to travel to other states to get one a tall critics say would hit those already struggling emotionally and financially the hardest.

許多尋求墮胎的人將不得不到其他州去墮胎，批評者說這對那些已經在情感和經濟上掙扎的人打擊最大。

Currently, 26 of 50 states are set to ban or restrict abortion.

目前，50個州中有26個州將禁止或限制墮胎。

Many worry it would deepen the divide In an already polarized country with democrats predicted to lose control of Congress in the midterm elections.

許多人擔心這將加深這個已經兩極分化的國家的分歧，預計民主黨將在中期選舉中失去對國會的控制。

This november progressive lawmakers are calling on the party to fight back before it's too late in a tweet, Senator Bernie Sanders urged his colleagues to pass legislation securing the right to abortion with the controversial issue.

今年11月，進步的立法者呼籲黨在為時已晚之前進行反擊，參議員伯尼-桑德斯在一條推文中敦促他的同事通過立法，確保有爭議的墮胎權。

Now, all for sure to dominate the coming months, America could be headed for a highly divisive midterm election And for more on this, I'm delighted to welcome Carol Sanger, she's a professor at Columbia law and a scholar of reproductive rights, her most recent book on the subject about abortion terminating pregnancy in the 21st century.

現在，所有肯定會主導未來幾個月，美國可能會迎來一場高度分裂的中期選舉，關於這一點，我很高興地歡迎卡羅爾-桑格，她是哥倫比亞大學法學院的教授，也是生殖權利的學者，她最近關於墮胎的書在21世紀終止妊娠。

Thank you so much for taking the time to join us on the day, Professor, if the court does indeed overturn roe v wade.

非常感謝你在這一天抽出時間加入我們，教授，如果法院真的推翻了羅伊訴韋德案。

Can you tell us how immediate the impact would be on americans ability to access an abortion.

你能告訴我們，這對美國人獲得墮胎的能力會有多大的直接影響。

Well, the impact will be almost immediately.

It will be an immediate impact because so many of the states who that oppose abortion have already enacted the legislation.

這將是一個直接的影響，因為許多反對墮胎的州已經頒佈了立法。

So they passed these laws called trigger laws Nice American name, which suggests that um, the minute they would say that the minute roe is overturned, it triggers the automatic enactment of the criminalization of abortion.

是以，他們通過了這些法律，稱為觸發法 尼斯的美國名字，這表明，嗯，他們會說，一旦羅伊被推翻，就會觸發自動頒佈墮胎的犯罪。

And um, some of the states had never repealed their criminal abortion laws from 19 from the 1970s.

而且，有些州從未廢除1970年代以來的19項刑事墮胎法。

So everybody on the, on the against side is raring and pretty ready to go.

是以，每個人都在，在反面的人都很興奮，準備好了。

So with those 1970 laws also then presumably be in effect as soon as this was overturned unless they were repealed and a number of them were not repealed.

是以，1970年的那些法律也可能在這一事件被推翻後立即生效，除非它們被廢除，而其中一些法律並沒有被廢除。

So we have the trigger laws that were enacted after row.

是以，我們有行後頒佈的觸發法。

We have the laws that were in effect before roe.

And um, the law will go into effect and probably more pertinent for women will also be the fact that clinics will close because doctors are not going to risk their licenses.

嗯，法律將生效，對婦女來說，可能更相關的事實是，診所將關閉，因為醫生不打算冒他們的執照。

They're not going to be performing illegal procedures.

One is the legal consequence and the other is the practical or actual, so that's not going to be in all us states though, is it?

一個是法律後果，另一個是實踐或實際，所以這不會在我們所有的州都有，是嗎？

It looks like it's split about half half right now, but it is up to each state to make a decision.

現在看起來大約抽成了一半，但要由每個州來做決定。

And there are probably 10 states who have already decided they support legal abortion, and the way they've gone about that is by amending their state constitutions so that um there's a privacy clause or something or other language which which makes clear that abortion is a respected and acknowledged right in that state.

可能有10個州已經決定支持合法墮胎，他們的方法是通過修改州憲法，以便有一個隱私條款或其他語言，明確墮胎是該州的一項受尊重和承認的權利。

So states can do that, you can have a constitutional state right to abortion.

所以各州可以這樣做，你可以有一個憲法規定的墮胎權。

So, for people who are living in states that do outlaw it will it will it then be possible to travel to likely more liberal states which have put these into place to seek an abortion?

那麼，對於那些生活在禁止墮胎的州的人來說，他們是否有可能前往可能更自由的州尋求墮胎？

And they won't be they won't be um necessarily adjacent to one another.

而且他們不會是他們不會是嗯一定要彼此相鄰。

Um But there'll be you can you can travel there will certainly be states who passed legislation saying you can't travel from an illegal state to a legal state to try to ban women from doing that.

但會有你可以你可以旅行，肯定會有一些州通過立法，說你不能從一個非法的州到一個合法的州去旅行，試圖禁止婦女這樣做。

But those will be approached in um those will be appealed to courts and I think will be unsuccessful because in the US we also still have a right to travel from state to state that's part of our federal do as citizens of the United States.

但是，這些都將被訴諸法庭，我認為將是不成功的，因為在美國，我們仍然有權利在各州之間旅行，這是我們作為美國公民的聯邦權利的一部分。

But that's something we can expect to be c we can expect to potentially see be played out before the courts.

但這是我們可以期待的事情，我們可以期待在法庭上看到潛在的發揮。

I want to ask you roe v wade held the right to privacy includes decisions about abortion, But are there other parts of the constitution that could protect the right to abortion should be overturned?

我想問你，Roe訴Wade案認為隱私權包括關於墮胎的決定，但憲法中是否有其他部分可以保護墮胎的權利，應該被推翻？

Well, there might have been had privacy not been the um the theory that that was used by advocates in the early 1970s.

好吧，如果不是隱私在1970年代初被倡導者使用的理論，可能已經有了。

Because clearly the alito decision tears down privacy in every way that it can and says privacy is not in the constitution, privacy wouldn't cover abortion even if it was.

因為很明顯，阿利托的決定以各種方式撕毀了隱私，並說隱私不在憲法中，即使是隱私，也不會涵蓋墮胎。

I mean, it really it makes it impossible to use privacy as a basis.

我的意思是，它真的讓人無法用隱私作為依據。

And other advocates, including Justice Ruth Ginsberg thought that privacy was an if he approached anyway, she predicted some of the problems with privacy, which is anyway, and and she thought that a better ground was sex equality and that if you look carefully at what bans on abortion, do what their real harm is.

而其他倡導者，包括Ruth Ginsberg法官認為，隱私是一個如果他接近反正，她預測了一些隱私的問題，這是反正，和她認為，一個更好的地面是性別平等，如果你仔細看看什麼禁止墮胎，做他們真正的傷害是什麼。

It is it is an invasion of one's privacy to make an intimate decision.

它是對一個人的隱私的侵犯，以做出一個親密的決定。

But it's also on a very different theory treating men and women differently, based on sexual conduct, that women are still assigned the stereotypical role of mothers and with an abortion ban, coerced motherhood or involuntary motherhood, where men face nothing like that.

但這也是在一個非常不同的理論上，根據性行為對男性和女性進行區別對待，女性仍然被賦予了母親的刻板角色，並且有墮胎禁令，強迫成為母親或非自願成為母親，而男性卻沒有面臨這樣的情況。

I mean, the implications of this decision though, will be about more than just abortion, won't they?

我的意思是，這個決定的影響，雖然將不僅僅是關於墮胎，不是嗎？

What about other rights based on that presumption like same sex marriage or even access to contraception.

那麼基於這種推定的其他權利呢，比如同性婚姻，甚至獲得避孕藥具。

The language in row about privacy and about intimate decision making came straight out of a case from the 1960s called Griswold vs, Connecticut where Connecticut had banned the use of contraception by anybody including married couples.

行中關於隱私和私密決策的語言直接來自於20世紀60年代的一個案例，即Griswold訴康涅狄格州，康涅狄格州禁止任何人包括已婚夫婦使用避孕藥具。

So married couple sued to say it was unconstitutional.

所以已婚夫婦起訴說這是違憲的。

And the court, the Supreme Court then said you're right.

而法院，最高法院當時說你是對的。

It is we believe marriage marriage is a sacred institution and that the state should not be intruding into the marital bedroom to see if people are using contraception or not.

就是我們相信婚姻婚姻是一個神聖的機構，國家不應該闖入婚姻的臥室，看人們是否使用避孕措施。

And that language that was based on privacy and that language was wholly transposed over to roe v wade.

而這些語言是基於隱私的，這些語言完全被移植到了Roe訴Wade案中。

So the thought is if roe goes down, maybe you have to rewind the whole thing and and contraception bill will be taken away.

是以，人們的想法是，如果羅伊倒下了，也許你必須把整個事情倒回去，和避孕法案將被拿走。

There's also a worry about same sex relationships um same sex marriage.

還有人擔心同性關係嗯同性婚姻。

Although Judge Alito said no, no, those are different.

雖然阿利托法官說不，不，這些是不同的。

Don't worry you just because we're knocking out abortion doesn't mean we'd knock out contraception.

別擔心，我們打掉墮胎並不意味著我們會打掉避孕措施。

And his reason is because there's no fetus involved in um contraception, but there are Children involved in contraception or the idea of Children and the same with marriage.

他的理由是，避孕沒有涉及胎兒，但避孕或兒童的想法涉及兒童，婚姻也是如此。

So I don't know that his it's not exactly a pledge, but his suggestion that those other subjects won't be touched.

所以我不知道他的它不完全是一個承諾，但他的建議是那些其他的主題不會被觸及。

All right, we will be keeping an eye on that in the weeks and months to come?

好的，我們將在未來幾周和幾個月內密切關注這個問題？

哥倫比亞大學法學院的卡羅爾-桑格教授。

I want to thank you again so much for joining us on the day.

我想再次非常感謝你在這一天加入我們。