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据美媒本月27日报道,美国参议院投票确认了有总统特朗普提名的最高法院大法官候选人巴雷特,填补上了最高法院最后一个空缺席位。最终的投票结果是52票支持,48票反对。参议院当中,共和党有53个席位,只有1名共和党议员投了反对票,民主党议员则全部投下了反对票。
这个结果是能够预料到的,巴雷特的提名遭到了除大部分共和党人之外的一致反对,最终能够投票通过,完全是因为共和党掌控着白宫和参议院,特朗普负责提名,参议院负责投票,硬生生把巴雷特抬进了最高法院。一个数据就非常直观地反映出了这次提名有多么荒唐——这是美国150年以来,第一次没有少数派投赞成票而通过的大法官任命。
此外,巴雷特的任命还打破一个美国的传统——在举行选举之前,总统不应提名新的大法官人选,而是由下一任总统上任后再任命。当年奥巴马任期的最后一年,就曾想任命一位大法官,结果遭到了参议院共和党领袖的阻止,导致最高法院的位置空了大约1年的时间。
然而这次特朗普也碰到了同样的事情,参议院共和党领袖却力排众议,坚决支持特朗普在大选前完成大法官的任命,这个任命速度,放在美国历史上都是排得上号的,明显就是为了大选,特意赶在大选前走完了程序。
之所以巴雷特的任命会遭到强烈反对,不只是因为担心她会影响大选结果,巴雷特本人的立场和资历都存在问题。巴雷特今年才48岁,是美国有史以来最年轻的大法官,没有之一。此外,她在堕胎等多个问题的立场上都不被大部分美国人所认同。
从就职典礼上巴雷特和特朗普的眼神就能看出,总统跟这位大法官肯定是有故事的,两人深情对望的一幕给人留下了极为深刻的印象。当然,现在并不是感情用事的时候,特朗普把巴雷特推上去,主要还是让她办事的。
而现在正好就有几件关于大选的纠纷需要裁决,比如说,关键摇摆州北卡罗来纳州和宾夕法尼亚州此前关于邮寄和缺席选票有效日期的纠纷,现在8名大法官的投票结果是4比4,巴雷特宣誓就职后立刻就可以投出最后这关键一票。效果就是这么明显,立竿见影。
以下为特朗普在白宫为巴雷特大法官举行的就职典礼全程视频。
Swearing-In Ceremony of 
the Honorable Amy Coney Barrett
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THE PRESIDENT: Thank you very much. Appreciate it. Thank you very much. Distinguished guests and my fellow citizens, this is a momentous day for America, for the United States Constitution, and for the fair and impartial rule of law.
The Constitution is the ultimate defense of American liberty. The faithful application of the law is the cornerstone of our Republic. That is why, as President, I have no more solemn obligation and no greater honor than to appoint Supreme Court justices.
On this October evening — and it is so beautiful — the First Lady and I welcome you to the White House to bear witness to history. In a few moments, we will proudly swear in the newest member of the United States Supreme Court: Justice Amy Coney Barrett.
She is one of our nation’s most brilliant legal scholars, and she will make an outstanding justice on the highest court in our land.
Justice Barrett’s oath will be administered by the Court’s longest-serving member currently on the bench — a man whose allegiance to the law has earned him the respect and gratitude of all Americans: Justice Clarence Thomas.
Our country owes a debt of thanks to Senate Majority Leader Mitch McConnell. We appreciate it very much, Mitch. Thank you. And we are grateful as well to the Senate Judiciary Chairman Lindsey Graham. Thank you, Lindsey.
Also with us, Senators Marsha Blackburn, Mike Braun, Bill Cassidy, Kevin Cramer, Ted Cruz, Steve Daines, Ron Johnson, James Lankford, Mike Lee, and Martha McSally. And I hope I didn’t leave anybody out.
And a very special thanks to our great Vice President, Mike Pence. Thank you, Mike.
Also, I want to thank White House Counsel Pat Cipollone. Thank you, Pat.
And very importantly, I want to welcome Justice Barrett’s husband, Jesse. Thank you, Jesse. Thank you. Let me also recognize your seven children — your great, beautiful children — who have become, really, just very, very popular in this nation. People have been watching them and loving them, and they’re watching right now back home in Indiana. Thank you very much. And I speak to everyone when I say that the Barrett family has captured America’s heart.
It is highly fitting that Justice Barrett fills the seat of a true pioneer for women: Justice Ruth Bader Ginsburg. Tonight, Justice Barrett becomes not only the fifth woman to serve on our nation’s highest court, but the very first mother of school-aged children to become a Supreme Court justice. Very important.
Over the past few weeks, the entire world has seen Justice Barrett’s deep knowledge, tremendous poise, and towering intellect. She answered questions for hours on end. Throughout her entire confirmation, her impeccable credentials were unquestioned, unchallenged, and obvious to all.
Justice Barrett earned a full academic scholarship to Notre Dame Law School, graduated first in her class, and served as a clerk for Justice Antonin Scalia. She was a beloved professor at Notre Dame Law School for 15 years before I very proudly appointed her to the U.S. Circuit Court of Appeals for the 7th Circuit in 2017.
The American people have been profoundly impressed to learn of her achievements, her compassion, her generosity, her faith, and her sterling character.
Justice Barrett has made clear she will issue rulings based solely upon a faithful reading of the law and the Constitution as written, not legislate from the bench.
The equal, impartial, and constitutional rule of law that we enjoy every day in America is one of the crowning achievements in the history of human civilization. It is the triumph of reason, experience, and the values which are eternal and everlasting. Our devotion to this inheritance is what has made America the most just, exceptional, and glorious nation ever to exist.
I want every American child watching to understand that this is a very special and important ceremony. We are fulfilling the duty that passes to each new generation to sustain the national traditions and virtues that make possible everything we have achieved before that we will do tomorrow.
Because of our Constitution and our culture of freedom, you live in a land where anything is possible and where any dream can come true. No matter who you are, no matter your background, in America, everyone is entitled to equal protection under our laws, and your sacred rights can never, ever be taken away.
The march of liberty that began with the American Revolution continues onward this evening. Tonight at the White House, we carry forward the cause of freedom, equality, and justice for which so many generations of Americans have given so much. We honor the cause for which men died to win the Civil War, and for which they jumped out of airplanes and shed their blood on distant battlefields. We honor the immortal principles that inspired millions in the struggle for Civil Rights, and we take special pride in the nation that inspires billions of people all over the world.
We must never take this radiant inheritance for granted. We must never lose confidence in our history, our heritage, or in our heroes. To reach for the stars, we must stand upon the strong and sturdy foundation built by those incredible Americans who came before.
Justice Barrett, as you take your oath tonight, the legacy of our ancestors falls to you. The American people put their trust in you and their faith in you as you take up the task of defending our laws, our Constitution, and this country that we all love. We ask God to give you wisdom and courage. I know you will make us all very, very proud.
As long as we are loyal to our founding and to our fellow citizens, America’s future will be bright, America’s destiny will be great, and America’s people will forever and always be free. I now ask Justice Thomas to administer the Oath. Thank you very much.
JUSTICE BARRETT: Thank you. Thank you so very much. Thank you all for being here tonight. And thank you, President Trump, for selecting me to serve as an Associate Justice of the United States Supreme Court. It’s a privilege to be asked to serve my country in this office, and I stand here tonight truly honored and humbled.
Thanks also to the Senate for giving its consent to my appointment. I am grateful for the confidence you have expressed in me, and I pledge to you and to the American people that I will discharge my duties to the very best of my ability.
This was a rigorous confirmation process, and I thank all of you, especially Leader McConnell and Chairman Graham for helping me to navigate it.
My heartfelt thanks go to the members of the White House staff and Department of Justice who worked tirelessly to support me through this process. Your stamina is remarkable, and I have been the beneficiary of it.
Jesse and I are also so grateful to the many people have supported — who have supported our family over these last several weeks. Through ways both tangible and intangible, you have made this day possible. Jesse and I have been truly awestruck by your generosity.
I have spent a good amount of time over the last month at the Senate, both in meetings with individual senators and in days of hearings before the Senate Judiciary Committee. The confirmation process has made ever clearer to me one of the fundamental differences between the federal judiciary and the United States Senate, and perhaps the most acute is the role of policy preferences.
It is the job of a senator to pursue her policy preferences. In fact, it would be a dereliction of duty for her to put policy goals aside. By contrast, it is the job of a judge to resist her policy preferences. It would be a dereliction of duty for her to give in to them.
Federal judges don’t stand for election. Thus, they have no basis for claiming that their preferences reflect those of the people. This separation of duty from political preference is what makes the judiciary distinct among the three branches of government.
A judge declares independence not only from Congress and the President, but also from the private beliefs that might otherwise move her. The Judicial Oath captures the essence of the judicial duty the rule of law must always control.
My fellow Americans, even though we judges don’t face elections, we still work for you. It is your Constitution that establishes the rule of law and the judicial independence that is so central to it.
The oath that I have solemnly taken tonight means, at its core, that I will do my job without any fear or favor, and that I will do so independently of both the political branches and of my own preferences.
I love the Constitution and the Democratic Republic that it establishes, and I will devote myself to preserving it. Thank you.
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