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罗诉韦德案若被推翻将意味着什么?

LearnAndRecord 2022-07-26

近日,美国最高法院关于推翻罗诉韦德案(Roe v. Wade)的意见草案被披露后,引发轩然大波。


据百度百科,“罗诉韦德案”的影响被美国人视作等同于第二次内战。


1972年,得克萨斯州两个年轻的女权主义者萨拉·威丁顿和林达·科菲试图挑战当时的堕胎政策。她们选中了一名希望堕胎的21岁女子,化名为简·罗(Jane Roe),韦德(Wade)则是当时达拉斯县的检察官。


几经周折,1973年1月22日,美国联邦高院最后以7比2的表决,确认妇女决定是否继续怀孕的权利受到宪法上个人自主权和隐私权规定的保护,这等于承认美国堕胎的合法化。

无注释原文:


What Would the End of Roe Mean? Key Questions and Answers.


The New York Times


A leaked Supreme Court draft opinion that would overturn Roe v. Wade describes a United States not seen in half a century, in which the legal status of abortion is entirely up to the states. If the draft, from February and published Monday night by Politico, ends up being similar to the court’s final opinion, expected next month, reproductive rights will be rewritten almost immediately.


If Roe were overturned, would abortion become illegal everywhere in the U.S.?


No. Individual states would decide whether and when abortions would be legal. Many states would continue to allow them, and some have even begun making provisions to help serve women who live in states that are likely to restrict abortion. Right now, abortion remains legal in every state.


Where would abortion access be most likely to change?


Abortion would probably become illegal in about half of states, although forecasts differ.


According to the Center for Reproductive Rights, a group that fights abortion restrictions in court and closely tracks state laws, 25 states are likely to ban abortion if they are allowed to. Those states are: Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming.


The Guttmacher Institute, a research group focused on reproductive health care, says a slightly different group of states is likely to substantially limit abortion access: Its list of 26 states excludes North Carolina and Pennsylvania, but includes Florida, Iowa and Montana.


Thirteen states have so-called trigger laws, which would immediately make abortion illegal if Roe were overturned. Some have old abortion laws on the books that were invalidated by the Roe decision but could be enforced again. Still other states, like Oklahoma, have abortion bans that were passed during this legislative session, despite the Roe precedent.


How would the number of U.S. abortions change?


Some women seeking abortions could obtain them in other ways, including traveling to a state where abortion is legal or ordering pills online from outside the country. Texas provides an example. In September, a law went into effect banning abortion after fetal cardiac activity is detected, around six weeks. Abortions at Texas clinics fell by half. But many women were able to obtain abortions in neighboring states or by ordering pills, resulting in an overall decline of only around 10 percent.


Without Roe, abortion would probably decline more because women would have to travel farther to reach a state where it was legal. Many women who get abortions are poor, and long travel distances can be insurmountable. The states likely to ban abortion are concentrated in the South, Midwest and Great Plains. Because of the expected increase in interstate travel, remaining clinics would most likely have less capacity to treat the women who were able to reach them.


Research from December on the estimated changes in distances to clinics found that, if Roe were overturned, the number of legal abortions would be likely to fall by around 14 percent (updated to 13 percent in more recent research). Our article from December explained that research and offered a map of where abortions were likely to decline the most.


Who has abortions now?


Under current law, around one in four American women would be expected to obtain an abortion at some point, according to research from the Guttmacher Institute.


They include women from all backgrounds. But statistics show women who receive abortions in the United States are more likely to be unmarried; to be in their 20s; to have low incomes; and to already have a child. They are disproportionately likely to be Black. They are more likely to live in a Democratic-leaning state.


Our article from December describes the demographics of the typical abortion patient.


Without Roe, how would the U.S. compare with the rest of the world?


The United States would join a very small group of countries that has tightened abortion laws in recent years, as opposed to loosening them. Three countries have done so since 1994: Poland, El Salvador and Nicaragua. In that period, 59 countries have expanded access, according to the Center for Reproductive Rights.


Under Roe, the United States is unusual in allowing abortion for any reason until around 23 weeks. Yet in many countries with earlier cutoffs, abortion is allowed for a wide variety of reasons, according to the center.


Sixty-six countries — home to about a quarter of women of reproductive age — prohibit abortion or allow it only if a woman’s life is in danger. Without Roe, certain states would align with these countries.


Our article from January explains international approaches to abortion law.


When would this happen?


Not right away. Abortion remains legal in every state for now, and each has at least one clinic.


The leaked document was described as a draft, not a final opinion. It may be a month or more before the Supreme Court officially rules in the case, and that decision could differ from the draft that is circulating.


If the Supreme Court does rule against Roe, clinics in some states would most likely begin closing within days. In other states that ban the procedure, the process may take several months.


- ◆ -


注:中文文本为纽约时报官方译文,仅供参考,并非一一对应

含注释全文:


What Would the End of Roe Mean? Key Questions and Answers.罗诉韦德案若被推翻将意味着什么?这里是几个关键问题


The New York Times


A leaked Supreme Court draft opinion that would overturn Roe v. Wade describes a United States not seen in half a century, in which the legal status of abortion is entirely up to the states. If the draft, from February and published Monday night by Politico, ends up being similar to the court’s final opinion, expected next month, reproductive rights will be rewritten almost immediately.


一份泄露的最高法院意见草案将推翻罗诉韦德案(Roe v. Wade)裁决,它描述出一个50年来未曾见过的美国,堕胎的法律地位完全由各州决定。如果这份在2月份起草、由Politico网站于周一晚间发布的草案与法院的最终意见(预计下月公布)相似,那么美国的生育权几乎将会立即被改写。



draft


1)表示“草案;草稿;草图”,英文解释为“a piece of text, a formal suggestion, or a drawing in its original state, often containing the main ideas and intentions but not the developed form”举个🌰:

This is only a rough draft - the finished article will have pictures too.

这只是一个粗略的草稿——定稿后的文章中还会有一些图片。


2)表示“(钻进某处的)风”,英文解释为“A draft is a current of air that comes into a place in an undesirable way.”举个🌰:

Block drafts around doors and windows.

挡住门窗周围的风。



overturn


表示“(使)翻倒,(使)倾覆;打翻”,英文解释为“if you overturn something, or if it overturns, it turns upside down or falls over on its side”举个🌰:

His conviction was overturned by the Court of Appeal.

他的有罪裁决被上诉法院推翻了。


📺英剧《唐顿庄园》(Downton Abbey)第三季中的台词提到:Even then, would we have enough to overturn the verdict? 即使拿到证词,就真能推翻判决吗?




abortion


表示“(通常指通过手术进行的)堕胎,人工流产”,英文解释为“If a woman has an abortion, she ends her pregnancy deliberately so that the baby is not born alive.”举个🌰:

He and his girlfriend had been going out together for a year when she had an abortion.

他的女友流产时,他和她已经交往了一年时间。



reproductive


表示“生殖;生育;繁殖”,英文解释为“relating to the process of reproduction”。



If Roe were overturned, would abortion become illegal everywhere in the U.S.? 如果罗案裁决被推翻,堕胎在美国是否会成为非法?

No. Individual states would decide whether and when abortions would be legal. Many states would continue to allow them, and some have even begun making provisions to help serve women who live in states that are likely to restrict abortion. Right now, abortion remains legal in every state.


不会。将由各州自行决定堕胎是否合法以及何种情况下合法。许多州将继续允许堕胎,一些州甚至已经开始做出规定,帮助生活在可能限制堕胎州的女性。目前,堕胎在每个州都是合法的。



provision


作名词,此处表示“(法律文件的)规定,条款”,英文解释为“a condition or an arrangement in a legal document”举个🌰:

Under the provisions of the lease, the tenant is responsible for repairs.

按契约规定,房客负责房屋维修。



Where would abortion access be most likely to change? 哪些地方最有可能改变堕胎许可?

Abortion would probably become illegal in about half of states, although forecasts differ.


堕胎可能在大约一半的州成为非法,尽管预测有所不同。


According to the Center for Reproductive Rights, a group that fights abortion restrictions in court and closely tracks state laws, 25 states are likely to ban abortion if they are allowed to. Those states are: Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming.


生育权中心是一个在法庭上与堕胎限制作斗争并密切跟踪各州法律的组织,该中心表示,如果获得允许,有25个州可能禁止堕胎。它们是:阿拉巴马州、亚利桑那州、阿肯色州、佐治亚州、爱达荷州、印第安纳州、肯塔基州、路易斯安那州、密歇根州、密西西比州、密苏里州、内布拉斯加州、北达科他州、俄亥俄州、俄克拉荷马州、宾夕法尼亚州、南卡罗来纳州、南达科他州、田纳西州、得克萨斯州、犹他州、西弗吉尼亚州、威斯康星州和怀俄明州。


The Guttmacher Institute, a research group focused on reproductive health care, says a slightly different group of states is likely to substantially limit abortion access: Its list of 26 states excludes North Carolina and Pennsylvania, but includes Florida, Iowa and Montana.


专注于生殖健康护理的研究机构古特马赫研究所(The Guttmacher Institute)列了一份略有差异的名单,名单上的州可能会大幅限制堕胎机会:它列出的26个州中不包括北卡罗来纳州和宾夕法尼亚州,但加上了佛罗里达州、艾奥瓦州和蒙大拿州。



substantially


表示“在很大程度上”,英文解释为“to a large degree”举个🌰:

The new rules will substantially change how we do things.

新规则会在很大程度上改变我们的行事方式。



exclude


1)表示“排除…;不考虑…;认为…不可能”,英文解释为“to decide that something is not true or possible”举个🌰:

We can't exclude the possibility that he is dead.

我们不能排除他已经死亡的可能性。


2)表示“阻止…进入;把…排斥在外”,英文解释为“to prevent someone or something from entering a place or taking part in an activity”举个🌰:

Microbes must, as far as possible, be excluded from the room during an operation.

在手术过程中,要尽可能防止细菌进入手术室。


🎬电影《简·爱》(Jane Eyre)中的台词提到:Children, I exhort you to shun her, exclude her, shut her out from this day forth. 孩子们,奉劝你们离她远点,排斥她,从今天起与她隔绝。



Thirteen states have so-called trigger laws, which would immediately make abortion illegal if Roe were overturned. Some have old abortion laws on the books that were invalidated by the Roe decision but could be enforced again. Still other states, like Oklahoma, have abortion bans that were passed during this legislative session, despite the Roe precedent.


13个州有所谓的触发法,如果罗案裁决被推翻,触发法将立即使堕胎成为非法。一些州以前有堕胎法,这些法律因罗案裁决而无效,但可以再次执行。还有一些州,如俄克拉何马州,尽管有罗案裁决的判例,但在本届立法会议期间还是通过了堕胎禁令。



be on the books


1)表示“(尤指作为法律)正式记录”,英文解释为“to be officially recorded, especially as a law”举个🌰:

A ban on texting while driving is on the books in most states.

在大多数州,开车时发送手机短信是明文禁止的。


2)表示“在(公司、组织、社团、运动队等的)名册上;受雇;属于”,英文解释为“to be employed by a company, or (pay to) belong to a organization, society, sports team, etc.”举个🌰:

There are 34 people on the books at the cement works.

水泥厂的在册员工有34人。



invalidate


1)表示“使无效;使作废”,英文解释为“to officially stop a document, ticket, law, etc. being legally or officially acceptable”


2)表示“证明(观点、论点等)错误”,英文解释为“to prove that an opinion, argument, etc. is wrong”



legislative


表示“法律的;立法的”,英文解释为“relating to laws or the making of laws”举个🌰:

The European Parliament will have greater legislative powers (= ability to make laws).

欧洲议会将获得更大的立法权。



precedent


表示“先例,前例”,英文解释为“an action, situation, or decision that has already happened and can be used as a reason why a similar action or decision should be performed or made”举个🌰:

There are several precedents for promoting people who don't have formal qualifications.

提拔没有正式学历的人是有几个先例的。



How would the number of U.S. abortions change? 美国的堕胎数量会发生怎样的变化?


Some women seeking abortions could obtain them in other ways, including traveling to a state where abortion is legal or ordering pills online from outside the country. Texas provides an example. In September, a law went into effect banning abortion after fetal cardiac activity is detected, around six weeks. Abortions at Texas clinics fell by half. But many women were able to obtain abortions in neighboring states or by ordering pills, resulting in an overall decline of only around 10 percent.


一些寻求堕胎的女性可以通过其他方式进行,包括前往堕胎合法的州,或者从国外网上订购药物。得克萨斯州就是一个例子。9月,一项法律开始生效,禁止在检测到胎儿心脏活动后(大约怀孕6周)进行堕胎。得州诊所的堕胎率下降了一半。但许多女性能在邻近州堕胎,或通过订购药物堕胎,导致堕胎数量整体下降仅约10%。



fetal


fetal = foetal 表示“胎的,胎儿的”,英文解释为“connected with a foetus ; typical of a foetus”,如:foetal abnormalities 胎儿异常。



cardiac


表示“心脏的;心脏病的”,英文解释为“of the heart or heart disease”



Without Roe, abortion would probably decline more because women would have to travel farther to reach a state where it was legal. Many women who get abortions are poor, and long travel distances can be insurmountable. The states likely to ban abortion are concentrated in the South, Midwest and Great Plains. Because of the expected increase in interstate travel, remaining clinics would most likely have less capacity to treat the women who were able to reach them.


如果没有罗案裁决,堕胎数量可能下降更多,因为女性不得不前往更远的地方,才能到达一个堕胎合法的州。许多堕胎的女性是穷人,可能难以克服长途跋涉的困难。可能禁止堕胎的州集中在南方、中西部和大平原地区。由于跨州寻求帮助的女性数量预计将会增加,仍旧可以堕胎的诊所很可能无力接诊所有前来的女性。



insurmountable


表示“难以克服的,不可逾越的”,英文解释为“A problem that is insurmountable is so great that it cannot be dealt with successfully.”如:insurmountable difficulties 难以克服的困难。



Research from December on the estimated changes in distances to clinics found that, if Roe were overturned, the number of legal abortions would be likely to fall by around 14 percent (updated to 13 percent in more recent research). Our article from December explained that research and offered a map of where abortions were likely to decline the most.


去年12月,有机构对堕胎女性到达诊所距离的预估变化进行研究,发现如果罗案裁决被推翻,合法堕胎的数量可能会下降14%左右(在最近的研究中更新为13%)。本报12月的文章解释了这一研究,并提供了堕胎率可能下降最多地区的地图。


Who has abortions now? 现在是哪些群体在堕胎?


Under current law, around one in four American women would be expected to obtain an abortion at some point, according to research from the Guttmacher Institute.


根据古特马赫研究所的研究,在现行法律下,大约四分之一的美国女性可能会在人生的某个时候堕胎。


They include women from all backgrounds. But statistics show women who receive abortions in the United States are more likely to be unmarried; to be in their 20s; to have low incomes; and to already have a child. They are disproportionately likely to be Black. They are more likely to live in a Democratic-leaning state.


她们包括各种背景的女性。但统计数据显示,在美国,接受堕胎手术的女性更有可能是未婚、20多岁、收入低、已经有一个孩子的人群。她们当中黑人的比例更大,更有可能生活在一个倾向民主党的州。



disproportionately


表示“不成比例地;不相称地;太大(或太小)地”,英文解释为“too large or too small when compared with sth else”举个🌰:

The lower-paid spend a disproportionately large amount of their earnings on food.

低工资者将收入花在食物上的比例很大。



leaning


表示“(指信念、意见等的)倾向性”,英文解释为“a particular set of beliefs, opinions, etc. that someone prefers”举个🌰:

I don't know what his political leanings are.

我不知道他的政治倾向。



Our article from December describes the demographics of the typical abortion patient.


我们12月的文章描述了典型堕胎者的人口统计数据。



demographics


demographic作形容词,表示“人口的;人口统计的;人口学的”,英文解释为“relating to demography (= the study of populations and the different groups that make them up)”举个🌰:

There have been monumental social and demographic changes in the country.

该国的社会和人口状况已经发生了巨大的变化。


demographics表示“人口统计数据,人口统计结果”,英文解释为“the number and characteristics of people who live in a particular area or form a particular group, especially in relation to their age, how much money they have and what they spend it on”举个🌰:

The demographics of the country have changed dramatically in recent years.

近年来该国的人口统计数据发生了巨大的变化。



Without Roe, how would the U.S. compare with the rest of the world? 如果没有罗案裁决,美国与世界其他国家相比情况如何?


The United States would join a very small group of countries that has tightened abortion laws in recent years, as opposed to loosening them. Three countries have done so since 1994: Poland, El Salvador and Nicaragua. In that period, 59 countries have expanded access, according to the Center for Reproductive Rights.


美国将加入近年来收紧而非放松堕胎法的少数国家行列。自1994年以来,有三个国家这样做,它们是波兰、萨尔瓦多和尼加拉瓜。根据生育权中心的数据,在此期间,有59个国家扩大了生育权。


Under Roe, the United States is unusual in allowing abortion for any reason until around 23 weeks. Yet in many countries with earlier cutoffs, abortion is allowed for a wide variety of reasons, according to the center.


根据罗案裁决,美国直到怀孕23周左右,都允许因任何原因堕胎,这是颇为不寻常的。然而,据该中心称,在许多堕胎截止期较早的国家,也允许因多种原因进行堕胎。



cutoff


表示“终止(供应或服务);切断供应;中断供应”,英文解释为“The cutoff of a supply or service is the complete stopping of the supply or service.”举个🌰:

A total cutoff of supplies would cripple the country's economy.

全面终止供给将使该国经济瘫痪。



Sixty-six countries — home to about a quarter of women of reproductive age — prohibit abortion or allow it only if a woman’s life is in danger. Without Roe, certain states would align with these countries.


有66个国家(全球约有四分之一育龄妇女居住在这些国家)禁止堕胎,或只有在女性生命受到威胁时才允许堕胎。如果没有了罗案裁决,某些州将与这些国家一样。



align


1)表示“排整齐;校准;(尤指)使成一条直线”,英文解释为“to arrange sth in the correct position, or to be in the correct position, in relation to sth else, especially in a straight line”举个🌰:

Make sure the shelf is aligned with the top of the cupboard.

务必使搁架与橱柜顶端对齐。 


2)表示“使一致”,英文解释为“to change sth slightly so that it is in the correct relationship to sth else”举个🌰:

Prices have been aligned with those in world markets.

价格已调整到与世界市场一致。



Our article from January explains international approaches to abortion law.


我们1月的文章解释了国际上对堕胎法的处理方式。


When would this happen? 这种情况何时会发生?


Not right away. Abortion remains legal in every state for now, and each has at least one clinic.


不是马上就会发生。目前,堕胎在每个州都是合法的,每个州都至少有一个诊所。


The leaked document was described as a draft, not a final opinion. It may be a month or more before the Supreme Court officially rules in the case, and that decision could differ from the draft that is circulating.


被泄露的文件被描述为草稿,而不是最终意见。最高法院可能需要一个月或更长时间才能对此案做出正式裁决,而且该裁决可能与目前流出来的草案有所不同。



circulate


circulate有“(使)循环;(使)流通;(使)传递;(使)散布”的含义(if a story, an idea, information, etc. circulates or if you circulate it, it spreads or it is passed from one person to another),举个🌰:

Rumours began to circulate about his financial problems.

有关他财务困难的谣言开始流传开来。


🎬电影《拉瑞·克劳》(Larry Crowne)中的台词提到:If gossip of this nature were to circulate, 如果这种性质的八卦流传开来,



If the Supreme Court does rule against Roe, clinics in some states would most likely begin closing within days. In other states that ban the procedure, the process may take several months.


如果最高法院做出反对罗案裁决,一些州的诊所很可能在几天内开始关闭。在其他禁止这一堕胎程序的州,该过程可能需要几个月。


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