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美国最高法院的大法官们

作者:三青 时间:2023-06-20 阅读数:人阅读

 

美国最高法院由9位大法官组成,法官终身任期,由总统提名,国会批准。其中一名首席大法官(chief justice),8名(associate justice)。最高法院根据五人多数的意见裁判,各个政党也希望在大法官中增加支持该党的法官数量,所以大法官的提名和大法官的退休和离世都会给美国政坛带来动荡。

美国最高法院的大法官们mp.weixin.qq.com/s?__biz=MzI5Nzk3MTI5NA==&mid=2247488070&idx=1&sn=7b92421af5b9715c7dde64de398677a8&chksm=ecada977dbda2061be249a5a6ae0bf44b38f5b897efcef71149a76c62fffceffa0996935cfe1&token=243170860&lang=zh_CN#rd

目前,美国最高法院大法官是以下九位,其中有3名是女性,现任的大法官都是毕业于哈佛,耶鲁,斯坦福,普林斯顿等这样的名校,而且都有在政府部门或相关政府机构、社会团体工作的经验,其中还些还当过大学教授,可谓是学术和社会实践经历都相对丰富。

01

John G. Roberts, Jr., Chief Justice of the United States

首席大法官罗伯茨

1955年出生在纽约,现年63岁,担任大法官已经13年。布什总统提名其担任联邦最高法院首席大法官,2005年至今,他一直担任联邦首席大法官。

President George W. Bush nominated him as Chief Justice of the United States, and he took his seat September 29, 2005.

主笔很多标志性案件,人称为具有保守的司法哲学。大法官罗伯茨一直在私立学校接受教育,在哈佛拿到学士学位后,又在哈佛拿到法学博士学位。毕业后,担任美国上诉法院第二巡回法庭亨利法官以及后来首席大法官威廉的助手。他还担任过美国联邦检察长的第二助手,在司法部担任里根总统的第二顾问。他在华盛顿执业,2003年担任联邦华盛顿特区巡回上诉法院法官。

an A.B. from Harvard College in 1976 ;

a J.D. from Harvard Law School in 1979

served as a law clerk for Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit from 1979–1980

as a law clerk for then-Associate Justice William H. Rehnquist of the Supreme Court of the United States during the 1980 Term.

Special Assistant to the Attorney General, U.S. Department of Justice from 1981–1982;

Associate Counsel to President Ronald Reagan, White House Counsel’s Office from 1982–1986

Principal Deputy Solicitor General, U.S. Department of Justice from 1989–1993

From 1986–1989 and 1993–2003, he practiced law in Washington, D.C.

He was appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003.

02

Anthony M. Kennedy, Associate Justice

肯尼迪大法官

1936年出生,现年82岁,担任大法官30年。先后就读于斯坦福大学,伦敦政治经济学院和哈佛大学。他不仅具有执业实务经验,并且在多个大学担任过教授。1975年担任美国第九巡回上诉法院法官,经里根总统提名,在1988年担任大法官至今。

B.A. from Stanford University and the London School of Economics,;LL.B. from Harvard Law School.

He was in private practice in San Francisco, California from 1961–1963, as well as in Sacramento, California from 1963–1975.

From 1965 to 1988, he was a Professor of Constitutional Law at the McGeorge School of Law, University of the Pacific.

He has served in numerous positions during his career, including a member of the California Army National Guard in 1961, the board of the Federal Judicial Center from 1987–1988, and two committees of the Judicial Conference of the United States: the Advisory Panel on Financial Disclosure Reports and Judicial Activities, subsequently renamed the Advisory Committee on Codes of Conduct, from 1979–1987, and the Committee on Pacific Territories from 1979–1990, which he chaired from 1982–1990. He was appointed to the United States Court of Appeals for the Ninth Circuit in 1975.

President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat February 18, 1988.

03

Clarence Thomas, Associate Justice

托马斯大法官

出生于1948年,现年70岁,担任大法官25年。就读过圣十字学院和耶鲁大学。1974年拿到密苏里州执业证书,担任过密苏里州检察长助手,议员副秘书,担任过多个政府职位。1980年,担任美国哥伦比亚特区上诉巡回法院法官,经布什总统提名,从1991年任职至今。

an A.B., cum laude, from Holy Cross College in 1971 ;

a J.D. from Yale Law School in 1974.

He was admitted to law practice in Missouri in 1974, and served as an Assistant Attorney General of Missouri, 1974-1977; an attorney with the Monsanto Company, 1977-1979; and Legislative Assistant to Senator John Danforth, 1979-1981.

From 1981–1982 he served as Assistant Secretary for Civil Rights, U.S. Department of Education, and as Chairman of the U.S. Equal Employment Opportunity Commission, 1982-1990.

From 1990–1991, he served as a Judge on the United States Court of Appeals for the District of Columbia Circuit.

President Bush nominated him as an Associate Justice of the Supreme Court and he took his seat October 23, 1991

04

Ruth Bader Ginsburg, Associate Justice

金斯伯格大法官

女性大法官,出生于1933年,现年85岁,担任大法官25年,就读过康奈尔大学,哈佛大学,哥伦比耶大学法学院。她也曾经担任过法官助理,在大学担任过教授。她在发起女性自由和权利方面,发挥重要作用。担任美国加州巡回上诉法院的法官,经克林顿总统提名,1993年任职至今。

B.A. from Cornell University;

attended Harvard Law School,

LL.B. from Columbia Law School.

She served as a law clerk to the Honorable Edmund L. Palmieri, Judge of the United States District Court for the Southern District of New York, from 1959–1961.

From 1961–1963, she was a research associate and then associate director of the Columbia Law School Project on International Procedure.

She was a Professor of Law at Rutgers University School of Law from 1963–1972, and Columbia Law School from 1972–1980, and a fellow at the Center for Advanced Study in the Behavioral Sciences in Stanford, California from 1977–1978.

In 1971, she was instrumental in launching the Women’s Rights Project of the American Civil Liberties Union(美国民权联盟), and served as the ACLU’s General Counsel from 1973–1980, and on the National Board of Directors from 1974–1980.

She was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980.

President Clinton nominated her as an Associate Justice of the Supreme Court, and she took her seat August 10, 1993.

05

Samuel A. Alito, Jr., Associate Justice

阿利托大法官

1950年出生,现年68岁,担任最高法院大法官已经12年。担任过法官助理,助理检察官,美国副助理检察长。在1990年担任美国第三上诉巡回法院法官,经布什总统提名,于2006年担任最高法院大法官。

born in Trenton, New Jersey, April 1, 1950.

He served as a law clerk for Leonard I. Garth of the United States Court of Appeals for the Third Circuit from 1976–1977.

He was Assistant U.S. Attorney, District of New Jersey, 1977–1981, Assistant to the Solicitor General, U.S. Department of Justice, 1981–1985, Deputy Assistant Attorney General, U.S. Department of Justice, 1985–1987, and U.S. Attorney, District of New Jersey, 1987–1990.

He was appointed to the United States Court of Appeals for the Third Circuit in 1990. President George W. Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat January 31, 2006.

06

Sonia Sotomayor, Associate Justice

索托马约尔大法官

1954年出生,现年64岁,担任最高法院大法官11年。就读过普林斯顿大学和耶鲁大学。担任过地区检察官助理。1991年,经布什总统提名,担任美国联邦地区法院法官,随后担任联邦上诉法院第二巡回法庭法官,经奥巴马总统提名,于2009年担任最高法院大法官。

a B.A. in 1976 from Princeton University, graduating summa cum laude and receiving the university’s highest academic honor.

In 1979, she earned a J.D. from Yale Law School where she served as an editor of the Yale Law Journal.

She served as Assistant District Attorney in the New York County District Attorney’s Office from 1979–1984. She then litigated international commercial matters in New York City at Pavia & Harcourt, where she served as an associate and then partner from 1984–1992.

In 1991, President George H.W. Bush nominated her to the U.S. District Court, Southern District of New York, and she served in that role from 1992–1998. She served as a judge on the United States Court of Appeals for the Second Circuit from 1998–2009.

President Barack Obama nominated her as an Associate Justice of the Supreme Court on May 26, 2009, and she assumed this role August 8, 2009.

07

Elena Kagan, Associate Justice

卡根大法官

出生于1960年,现年58岁,担任大法官8年,就读过普林斯顿大学、牛津大学、哈佛大学。担任过法官助理,法学教授,哈佛法学院院长。2009年,奥巴马总统提名她担任副检察总长,2010年又提名她担任最高法院大法官。

born in New York, New York, on April 28, 1960.

an A.B. from Princeton in 1981;

an M. Phil. from Oxford in 1983;and

a J.D. from Harvard Law School in 1986.

She clerked for Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit from 1986-1987 and for Justice Thurgood Marshall of the U.S. Supreme Court during the 1987 Term. After briefly practicing law at a Washington, D.C. law firm, she became a law professor, first at the University of Chicago Law School and later at Harvard Law School. She also served for four years in the Clinton Administration, as Associate Counsel to the President and then as Deputy Assistant to the President for Domestic Policy. Between 2003 and 2009, she served as the Dean of Harvard Law School.

In 2009, President Obama nominated her as the Solicitor General of the United States.

A year later, the President nominated her as an Associate Justice of the Supreme Court on May 10, 2010. She took her seat on August 7, 2010.

08

Neil M. Gorsuch, Associate Justice

戈萨奇大法官

1967年出生,现年53岁,2017年担任联邦最高法院大法官,是现任最高法院大法官中最年轻的一位。就读过哥伦比亚大学、哈佛大学和牛津大学。

a J.D. from Harvard Law School;and

a D.Phil. from Oxford University.

He served as a law clerk to Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit, and as a law clerk to Justice Byron White and Justice Anthony M. Kennedy of the Supreme Court of the United States.

From 1995–2005, he was in private practice, and from 2005–2006 he was Principal Deputy Associate Attorney General at the U.S. Department of Justice. He was appointed to the United States Court of Appeals for the Tenth Circuit in 2006.

He served on the Standing Committee on Rules for Practice and Procedure of the U.S. Judicial Conference, and as chairman of the Advisory Committee on Rules of Appellate Procedure. He taught at the University of Colorado Law School.

President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on April 10, 2017.

9

Brett M. Kavanaugh, Associate Justice

布雷特大法官

1965年2月12日生于华盛顿特区,耶鲁大学文学学士学位,法律博士学位.美国总统特朗普提名其担任最高法院大法官,2018年10月就职。

曾任美国上诉法院第三巡回法庭Walter法官的法官助理(91-92),美国联邦检察总长办公室检察官(92-93),美国独立检察官办公室检察官(94-97),华盛顿律所合伙人(99-01),布什总统的高级副顾问、总裁助理和幕僚秘书,06年被任命为哥伦比亚巡回上诉法院的法官。

was born in Washington, D.C., on February 12, 1965.

a B.A. from Yale College in 1987 ;anda J.D. from Yale Law School in 1990.

He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term.

In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States.

From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel.

He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001.

From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush.

From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006.

President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.

相关知识

Chief Justice,首席大法官;

Associate Justice,大法官

Judge,法官

law clerk,法官助理;

attorney,检察官

Staff Secretary,幕僚秘书,美国白宫正式职位,负责管理总统审阅的文件,并负责在高级顾问之间传递文件。

Nominate,提名

B.A., Bachelor of Arts,文学学士

LL.B., Legum Baccalaureus,法学学士(也是三年)

J.D., Juris Doctor, 法律博士

Harvard Law School

Yale Law School

Columbia Law School

在现任9位大法官中,6位曾经就读哈佛法学院(金斯伯格大法官就读过哈佛法学院,但是毕业于哥伦比亚法学院),首席大法官罗伯茨大法官也是哈佛毕业的,3位就读耶鲁法学院,一位就读过哥伦比亚法学院。无疑,哈佛法学院成为这届最高院的王者。另外,在获得J.D.学历之前,大部分获得文学学士学位。

在担任大法官之前,基本都有检察官、法官和白宫就职的经历。

所以啊,美国联邦最高法院大法官不仅要学历好,业务能力出众,政府系统更加必须待,因为大法官是总统提名的呀。

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