The Supreme Court may have tossed abortion decisions back to the states, but groups against abortion rights are still making a nationwide push.
最高法院可能已經把墮胎的決定權拋回了各州,但反對墮胎權利的團體仍在全國范圍內猛攻。
They spent almost 50 years laying the groundwork for so-called trigger laws to go into effect once federal abortion rights were overturned.
他們花了近50年的時間為所說的觸發法奠定基礎,以便在聯邦墮胎權被推翻后生效。
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.
我們能夠在法律上更有創意一點,看看我們能在多大程度上有效地保護未出生的孩子。
That's Ingrid Duran of the National Right to Life Committee.
這是國家生命權利委員會的英格麗·杜蘭。
Utah's among several states with a trigger law.
猶他州是通過觸發法的幾個州之一。
A federal judge is hearing arguments today over whether to let the measure go into effect after temporarily halting the restrictions.
今天,一名聯邦法官聽取了關于暫時停止限制后是否讓該措施生效的辯論。
But how did we get here?
但我們是怎么走到這一步的?
NPR's Ximena Bustillo is following their efforts. Welcome.
NPR新聞的西梅娜·巴斯蒂洛在關注他們做出的努力。
Thank you for having me.
謝謝你們邀請我。
Who are the two groups you are focusing on here?
你關注的是哪兩個團體?
I focused on the National Right to Life Committee and Americans United for Freedom.
我關注的是全國生命權利委員會和美國自由聯盟。
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.
這兩個團體幾十年來一直與他們的工作人員一起為州議會起草立法,以真正嚴格限制墮胎或完全禁止墮胎,希望有一天羅伊案件的判決會被推翻。
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.
這些團體的工作方式是,他們編寫完自己的法案,州議員只需復制粘貼并在上面簽名,或者他們可以把獨立的部分和條款變成自己的法案,這些最終可能會被簽署為法律。
I spoke to Elizabeth Nash, the state policy analyst at the Guttmacher Institute, a think tank that supports abortions. Here's what she said.
我采訪了支持墮胎的智庫古特馬赫研究所的州政策分析師伊麗莎白·納什。 她是這么說的。
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.
我們看到這些立法機構采取了一個又一個限制措施,這促使各州開始考慮禁止墮胎,因為這些州幾乎采納了所有的限制辦法。
They also have state affiliates that will do much of the same work.
他們也有州附屬機構,這些機構將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.
這些團體成功地利用他們的法律服務,利用他們的知識基礎,利用他們的游說能力,逐步為一些州的全面墮胎禁令奠定基礎,希望能推翻羅伊案件的判決。
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.
他們在州一級機構進行工作,設想著那里通過的法案最終可以由最高法院裁決。
How did their strategy evolve over all these many years?
這么多年來,他們的策略是如何演變的?
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.
對。嗯,無論是地方層面還是國家層面,最高法院的組成絕對影響到有朝一日會變成挑戰的風險,因為通過一項立即在法庭上被阻止的法案是不切實際的政策。
Then your law cannot be enacted. It can't work.
那你的法律就不能頒布了。這行不通的。
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,當大法官安東尼·肯尼迪,在墮胎問題上被認為是決定性的一票,在法庭上,這些團體在全國各地提出禁止懷孕20周后墮胎的法案,因為肯尼迪被認為更有可能投票支持這樣的法案,而不可能投票給完全禁止墮胎的法案。
Then we saw the strategy change again.
然后我們又看到了策略的改變。
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.
前總統特朗普能夠讓三名非常保守的法官進入最高法院,這給了活動人士很大的合作空間。
Ingrid Duran, director of the Department of State Legislation at the National Right to Life Committee, put it this way.
國家生命權利委員會的州立法部主任英格麗德·杜蘭是這么說的。
Because with Kennedy, we saw him as a swing vote.
因為對于肯尼迪,我們認為他是決定性的一票。
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.
但一旦我們有了戈薩奇的投票,一旦我們有了艾米·科尼·巴雷特和卡瓦諾的投票,爭取決定性投票的想法就消失了,我們能夠在法律上變得更有創意一點,看看我們能在多大程度上有效地保護未出生的孩子。
And in 2019, we saw a new wave of trigger laws be introduced and passed in states after no movement since 2007.
2019年,我們就看到一些州引入和通過了一波觸發法,而這自2007年以來沒有任何進展。
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