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美最高法院维持白宫宴会厅建设现状,暂缓裁决

Supreme Court Keeps Trump Ballroom Work Going For Now

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Joining us now to explain is Greg Stohr who covers the Supreme Court for Bloomberg News. Alright. Greg, this decision from Roberts is well, this order, excuse me, is 64 words. I counted them. Can confirm that. One sentence. This is David's notes that I'm reading. 64 words. In layman's terms, what does this do? Well, I meant to count the words, but I'm glad that you did it for me because I because I forgot to. I mean, it's really just a holding pattern.

现在请格瑞格·斯托尔(Greg Stohr)为我们解释,他负责为彭博新闻社报道最高法院。好的。格瑞格,罗伯茨的这项裁决——不,是这项命令,只有64个词。我数过了。可以确认这一点。只有一句话。这是我正在阅读的大卫的笔记。64个词。用通俗的话来说,这起到了什么作用?嗯,我本来打算数一下字数,但我很高兴你替我做了,因为我忘了。我的意思是,这实际上只是一个临时维持现状的措施。

It's as you said, it gives the court more time. We're expecting an order that will say either that the president can keep constructing until the litigation is over or that he has to stop at least with the above ground work. And instead, what what's probably gonna happen is we'll get that order, not until, you know, next week sometime. And for the time being, the status quo prevails, and that means he can keep building and building very quickly.

正如你所说,它给了法院更多的时间。我们预计会有一项命令,要么允许总统在诉讼结束前继续施工,要么要求他至少停止地面以上的工程。相反,接下来可能发生的情况是,我们要到下周某个时候才会收到该命令。在此期间,现状得以维持,这意味着他可以继续快速建设。

Greg, talk about the the arguments that have been made on both sides here, and it seems like a flurry of paperwork here in in recent weeks. I'll But read from a statement filed by the National Trust for Historic Preservation in The United States after they submitted their brief to the court. In a statement, the organization said it reiterated in its filing to the Supreme Court earlier this week that the administration has no unilateral legal authority, constitutional, statutory, or otherwise to build a ballroom on the site of the now demolished East Wing unless and until congress expressly, approves.

格瑞格,谈谈双方在此提出的论点,看起来最近几周这里文件往来频繁。我将引用美国国家历史保护信托基金在向最高法院提交简报后发表的一份声明。该组织在声明中表示,重申其在本周早些时候向最高法院提交的文书中所述,除非国会明确批准,否则行政当局没有单方面、宪法上、法定上或任何其他方面的法律权力在东翼遗址上建造一个宴会厅,而东翼已被拆除。

Expand on that a little bit if you would. What is this organization arguing? So it's essentially arguing that the power over federal property belongs to congress. And unless Congress delegates that authority authority to the president, he can't do this sort of thing. He can't build. He can't spend money to construct something. So that's kind of the underlying question, and there are couple of different statutes that are involved.

如果你愿意的话,请对此稍作展开。这个组织在主张什么?所以,他们基本上是在主张,联邦财产的管辖权属于国会。除非国会将该授权委托给总统,否则他不能做这种事。他不能建造,也不能花钱建造某物。所以这是根本问题所在,并且涉及几项不同的法规。

And then there's kind of another question that the president is using, which is to say this group, which is designed to sort of protect the country's architectural and cultural heritage, doesn't have legal standing to sue because they haven't been harmed by this. The supreme court in general, is pretty restrictive when it comes to somebody saying, we wanna sue because we don't like how something looks, and that's what the administration says is going on here.

然后还有另一个问题,即总统所引用的,是说这个旨在保护国家建筑和文化遗产的组织没有起诉的法律资格,因为他们并未因此受到伤害。最高法院在有人声称“我们想起诉,因为我们不喜欢某事的外观”时,通常持相当限制的态度,而政府方面称这就是这里发生的情况。

So if the court were to decide that they don't have standing, are there other potential litigants in the wings waiting to try to refile on this, or is this probably gonna be the end of this, least for now, if the if the court does say you can go ahead with it? Yeah. Yeah. I think I think it's probably gonna be the end of it. And, you know, really, you know, even if the court you know, I mentioned that the stay that they're seeking is just while the litigation goes forward.

所以,如果法院裁定他们没有诉讼资格(standing),是否还有其他潜在的诉讼方在旁等待尝试重新提起诉讼?或者这很可能就此结束,至少目前是这样?如果法院确实允许他们继续推进呢?是的。是的。我认为这很可能就此结束。而且,你知道的,即使法院……我提到过,他们寻求的禁令只是在进行诉讼期间有效。

But the administration has said this ballroom is 65% complete. They have essentially said it's it's gone so far that it would be impossible to take it down at this point. And certainly if the Supreme Court says you can keep building for another x number of months until this legal fight concludes, it's gonna be so far along that it's gonna be really, really hard to imagine a court coming along and saying, okay. Now you have to take it down.

但政府方面表示这个宴会厅已经完成了65%。他们实际上表示,工程已经进展到如此地步,以至于现在拆除已不可能。当然,如果最高法院说你可以再建造几个月,直到这场法律纠纷结束,那么工程将进展到如此程度,让人很难想象会有法院随后出现并说:好吧,现在你必须把它拆掉。

But, Greg, is that almost a way of dodging the issue? Is that them knowing that that will be the case if they grant this state? It will already be built, and then it will be like, oh, well, you know, it's a fair to complete at this point. What are we gonna do? That is certainly the criticism. That's a criticism the National Trust is is making and other opponents of the ballroom that the president is just charging straight ahead.

但是,格雷格,这难道几乎是一种回避问题的方式吗?是他们知道一旦批准这项州级许可就会变成这样吗?那时它已经建好了,然后就会像这样:哦,好吧,你知道的,到这个时候完工也算合理。我们该怎么办?这当然是批评意见。这是国家信托基金以及其他反对者对这位总统径直推进宴会厅建设的批评。

In in the administration's filing, the other day, they said we are building, 20 we have 250 workers out there going twenty hours a week twenty hours a day, seven days a week. And, yes, that is the criticism that they're making it such that there's nothing the courts can do even if they conclude that the president is acting illegally. It is the thing to behold. I mean, it's been a couple of months since I've been down there, but it's it's I've I've seen a few construction sites where they've been moving with more celerity than there in Washington DC at the White House.

在政府最近的提交文件中,他们说我们正在建设,我们有250名工人在那里工作,每周七天,每天二十小时。是的,这就是他们的批评所在,即情况已经发展到即使法院认定总统的行为违法,也无力回天的地步。这真是令人瞩目。我是说,我有几个月没去那里了,但我见过一些建筑工地,它们推进的速度比华盛顿特区白宫那里的速度还要快得多。

Before we move on, a couple of things we wanna ask you about beyond this. But before we move on, we did get this decision from the US Court of Appeals for the District of Columbia circuit, that two to one decision that's led to this coming before the the Supreme Court. As you've thumbed through that, leafed through that that decision, what did you you learn about the way that that court has approached this issue? It, you know well, first of all, it was, you know, two Democratic appointed just judges in the majority, a Republican appointed judge in dissent.

在我们继续之前,还有几件事想问你,不只是关于这个。但在我们继续之前,我们确实收到了美国哥伦比亚特区巡回上诉法院的一项判决,该判决以两票对一票作出,导致此案提交至最高法院。当你翻阅那份判决时,你对该法院处理这个问题的方式有什么了解?嗯,首先,你知道的,多数派是两位民主党任命的法官,一位共和党任命的法官持异议。

So it is another one of these issues that is dividing, the judiciary along ideological lines. Yeah. That standing issue that I that we were talking about seems to be the biggest sticking point. That's also something that commentators have pointed to that may be the if the administration gets this stay, that may be the reason, less than than a court saying that they actually have the authority. Greg, there's there's two other issues on the the emergency docket.

所以这是另一个分裂司法界、按意识形态划线的问题。是的。我们刚才讨论的关于诉讼资格(standing)的问题似乎是最主要的症结所在。评论员们也指出了这一点:如果政府获得这项禁令,那可能才是原因,而不是法院声称他们实际上拥有权威。格雷格,紧急案件清单上还有另外两个问题。

One, I think, is a little complicated for us, but I do I do wanna ask you about these mail in voting cases. You've got Alabama v California and Trump v California. What are these about, and are we expecting to get some sort of decision stays? Are we gonna see action on them soon? Yeah. So I've been expecting action on that for about two and a half weeks now, and, it's been fully briefed and just kind of waiting. What it's about is that executive order that you may recall from the president that would use the postal service to limit the availability of mail in ballots.

我认为其中一个对我们来说有点复杂,但我确实想问问你关于这些邮寄投票的案件。你有阿拉巴马州诉加利福尼亚州案和特朗普诉加利福尼亚州案。这些案件是关于什么的?我们预计会收到某种裁决或禁令吗?我们会很快看到它们的进展吗?是的。所以我一直期待这方面的行动,现在已经等了大约两个半月,案件已经全面提交简报,只是在等待。这涉及你可能记得的总统的一项行政命令,该命令将利用邮政服务来限制邮寄选票的可获得性。

Essentially, the postal service would come up with a list of eligible citizens and would send ballots only to those people. And that is is on hold because of the federal district judge's ruling. We're we're rapidly getting to the point, and we may well be past the point where it's too late to try to put this system in place even if the Supreme Court were to say it's okay. The administration told the Supreme Court, when it filed that we need to have this system up and running by early to mid August.

本质上,邮政服务将列出一份合格公民名单,并只向这些人发送选票。由于联邦地区法官的裁决,这一计划被搁置。我们正迅速达到一个临界点,甚至可能已经过了这个临界点,即使最高法院说这样做没问题,现在再试图建立这套系统也为时已晚。政府在向最高法院提交申请时表示,我们需要在8月初至中旬之前让这套系统运行起来。

We're obviously past that now. Even if the Supreme Court were to grant the administration the state it's seeking, there's actually still a bunch of other procedural stuff that has to happen before it can kick in, including the postal service actually issuing the rule that would be be, in force here. In the minute we have left, I just wanna ask you about what we've learned overnight here, Canada and US walking away from from trade talks and now in place these tariffs that the administration has put in place based on, yes, the Smoot Hawley Act of 1930, which scholars of the Great Depression know kicked off that sterling moment in our nation's history.

我们现在显然已经过了那个时间点。即使最高法院批准政府所寻求的禁令,实际上仍有一堆其他程序性事项必须在生效前完成,包括邮政服务实际发布在此具有效力的规则。在剩下的时间里,我只想问问你关于我们昨晚了解到的情况:加拿大和美国退出了贸易谈判,并且现在实施了政府基于1930年《斯姆特-霍利法案》(Smoot Hawley Act)所施加的关税,大萧条的研究者都知道,该法案引发了我们国家历史上那段动荡的时刻。

You know, we've we've been through the challenge to the IIPA tariffs, seen the decision from the Supreme Court there. What is your assessment just to the legal foundation on which the the administration is making this next move? Well, there will certainly be a challenge to these these tariffs, maybe multiple challenges. Big thing to remember, with that supreme court decision, that was a different statute, and that was a statute that never mentioned the word tariffs.

你知道,我们已经经历了针对 IIPA 关税的挑战,并看到了最高法院的裁决。你对政府采取下一步行动的法律基础有何评估?嗯,对这些关税肯定会有挑战,可能有多项挑战。需要记住的重要一点是,最高法院的那项裁决涉及的是另一部法律,而该法律从未提及“关税”一词。

And so the question was, does the president have authority to implement tariffs under this law? And the supreme court said no. This is a statute that does talk about tariffs, and the question is whether the president is imposing these tariffs in the right way. So it's a very different legal question, and it's possible the answer won't be a black and white. It may be that, you know, some of these tariffs

因此问题是,总统是否有权根据这部法律实施关税?最高法院回答说不行。但这是一部确实提到关税的法律,问题在于总统是否以正确的方式征收这些关税。所以这是一个非常不同的法律问题,答案可能并非黑白分明。也许其中一些关税

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