最高法院档案保密争议、CDC数据风波与体坛乐坛要闻 New York Times Podcasts 2026-09-01

司法黑箱:最高法院内部工作档案的长期封存争议

与美国白宫受联邦法律严格约束、所有纸质记录均须完整留存并最终公之于众形成鲜明对比的是,美国联邦最高法院(Supreme Court of the United States: 司法体系最高权力机关)大法官的内部工作底稿、备忘录与判决草案被归类为法官个人的私人财产。这些未公开的记录详细记载了大法官们在幕后相互施压与说服以达成裁决的关键过程。然而,近几十年来法院内部对这些内部文件的公开实施了更为严苛的限制:有的法官在离世后即公开档案,有的则要求在死后50年方可解密(例如2000年“布什诉戈尔案”的部分核心决策内幕可能迟至2075年才会公开),甚至有法官直接销毁了个人工作底稿。

这种极度缺乏透明度的做法引发了法学界的尖锐批评。多位法学学者指出,大法官此举实际上是为了规避外界的质疑与审视,本质上属于声誉管理(Reputation Management: 旨在控制和影响个人或组织公众形象的策略性行为)。此外,该现象与最高法院日益频繁使用所谓的影子案卷(Shadow Docket: 最高法院在未进行充分口头辩论和提供详细司法意见书的情况下迅速处理紧急申请的非常规裁决程序)形成了相互印证的封闭态势。更令人担忧的是,随着法官日常审议越来越多地转向短信和电子邮件等电子通讯方式,司法系统内部尚无任何统一的标准机制来留存此类数字记录,这使得具有重大历史价值的司法审议过程面临永久流失的风险。面对《纽约时报》的询问,最高法院发言人未作解释,并拒绝透露任何有关文件保存政策的信息。

Original English Source

From The New York Times, it's the headlines. I'm Will Jarvis in for Tracy Mumford. Today's Tuesday, September 1st. Here's what we're covering.

Every year, the US Supreme Court issues dozens of opinions, carefully composed and edited documents that lay out the justices' consequential rulings. But the Times has been looking into how their internal working papers can be locked away indefinitely.

Those memos and drafts give behind-the-scenes details of how they pressured and persuaded each other to reach their decisions. In contrast with the White House, where federal law requires every last scrap of paper to be saved and eventually made public, working papers for the court are considered the personal property of each justice.

So, in recent memory, for example, one justice had his papers released when he died. One justice is only allowing his papers to be released 50 years after he dies. And then another justice shredded his papers.

Jodi Kantor covers the Supreme Court for The Times. She says that in recent decades, the trend on the court has been to impose much tighter restrictions on what happens to those working papers.

For example, some details of the decision-making in the Bush v. Gore case from 2000 likely won't become public until 2075 because of one justice's choice to delay the release of his papers. The lack of transparency has fueled criticism of the court with one legal scholar saying that the justices are simply protecting themselves from being second-guessed, calling it, quote, reputation management. And Jodi says that dovetails with criticism of the court's growing use of the so-called shadow docket, where crucial emergency rulings come down, often without any immediate details about the justices' reasoning.

There's a uniform feeling that judges and justices need privacy to deliberate. It gives them freedom. It gives them independence. The question is why the timeline is so long for release. A lot of people are calling on this court to be more transparent, but what we can see is that actually they've gone in the other direction between the shadow docket decisions that don't have opinions and by withholding these papers for a long time to come, the court seems very committed to secrecy.

Jody says that people she interviewed who are familiar with the court's operations worry that some of its most revealing deliberations are not being saved at all since they happen over text and email. And her sources were unaware of any consistent process for saving those kinds of electronic records.

In response to questions from the times, a spokeswoman for the court did not offer any explanation of its practices and refused to provide information about its policies around retaining documents.

行政震荡与司法开绿灯:特朗普政府最新动态

在白宫与行政体系方面,近期发生了两起重大政治与司法事件。首先是五角大楼的领导层人事震荡,陆军部长(Army Secretary: 美国陆军最高文职官员)Daniel Driscoll 与总统特朗普会面并正式递交了辞呈。该离职决定主要源于他与国防部长 Pete Hegseth 的长期激烈矛盾——后者对经验丰富的军方将领进行了大范围清洗,导致陆军陷入缺乏统筹方向的被动状态;Driscoll 对这些解雇行动以及 Hegseth 拒绝提拔与被清洗将领有共事经历的军官表示强烈不满。其继任者将由特朗普提名,并须经参议院确认。

与此同时,最高法院以 5 比 4 的投票结果裁决,允许特朗普极力推进的价值 4 亿美元的白宫宴会厅项目继续施工。最高法院在裁决中并未直接判定该建设项目的合法性本身,而是裁定提起诉讼试图叫停工程的文物保护组织缺乏诉讼资格(Legal Standing: 原告就特定争议向法院提起诉讼所必需的法律利益关联资格)。随着主要法律障碍被扫除,目前已在白宫草坪上升起建筑框架的宴会厅项目预计将按计划全面完工。

Original English Source

Now, three quick updates on the Trump administration.

First, the times has learned that the Army Secretary, its top civilian leader, met with President Trump yesterday and turned in his resignation. The move was not a surprise. The official, Daniel Driscoll, had clashed repeatedly with Defense Secretary Pete Hegseth, whose purge of experienced generals has left the Army essentially rudderless.

According to officials familiar with Driscoll's resignation, he told Trump he was frustrated by those firings and by Hegseth's apparent refusal to promote officers who worked for generals Hegseth doesn't like. Now, Driscoll's replacement will be picked by President Trump, though any nominee will need to be confirmed by the Senate.

Also, the Supreme Court has ruled that President Trump's White House ballroom project can continue. In its 5-4 decision, the court didn't address whether the $400 million construction project is legal, but it ruled that the preservation group that was suing to stop it didn't have legal standing to do so.

The structure of the ballroom is already rising above the White House grounds, and now with the main legal challenge swept aside, Trump appears to be on course to complete the project.

政治介入公卫:CDC罕见干预地方麻疹死亡数据报告

在公共卫生领域,美国疾病控制与预防中心(CDC: 负责国家公共卫生与疾病预防控制的联邦机构)采取了一项极具争议的异动,公开质疑并推翻了宾夕法尼亚州卫生官员报告的麻疹死亡数据。宾州目前正经历迅速蔓延的麻疹疫情,州官员此前通报有两名未接种疫苗且检测呈阳性的患者死亡。然而,这一事件迅速演变成一场政治风暴:宾州民主党州长指责卫生与公众服务部部长 Robert F. Kennedy Jr. 助长疫苗犹豫情绪;Kennedy 则反击暗示州长幕僚在死因归咎上撒谎。

随后,直接向 Kennedy 汇报的 CDC 负责人打破该机构长期以来的标准程序,下令在联邦麻疹统计数据库中剔除宾州的这两例死亡病例。公共卫生专家指出,联邦与各州公卫机构在传统上保持着极为紧密的幕后协作机制,此类公开对抗不仅罕见且极度反常,更严重扰乱了公众预期。在美国今年麻疹病例创数十年新高的背景下,联邦与地方官方数据的矛盾使得普通民众(特别是幼童父母)在面临是否接种疫苗的决策时难以辨别真相。对此,CDC 负责人未予置评,其上级主管机构卫生与公众服务部则发表声明坚称联邦数据反映了“最佳可用信息”以及向公众传达真相的承诺。

Original English Source

And in a remarkable move, the CDC is challenging state health officials in Pennsylvania, pushing back on a report of deaths from measles.

The state is in the middle of a rapidly expanding measles outbreak, and last week officials there said two people who were unvaccinated and tested positive for the virus had died. But the situation quickly became a political firestorm with Pennsylvania's Democratic governor accusing Health Secretary Robert F. Kennedy Jr. of fueling vaccine hesitancy, and Kennedy hitting back suggesting that the governor's staff was lying about the deaths being caused by measles.

Now, the head of the CDC, who reports to Kennedy, has ordered officials to leave the two deaths in Pennsylvania out of federal measles data in a break from the agency's normal procedures.

Public health experts tell me that this is just an extraordinary situation for the CDC to be publicly questioning what the state of Pennsylvania has said and saying that it still needs to review more information.

Apoorva Mandavilli covers public health for the times.

They say that this is a very big deal because CDC and states work extremely closely together and they're usually on the same page and work behind the scenes to resolve any disagreements on the rare occasions that there are any. And so to have this very public fight is not just rare and strange, but also extremely confusing for the American public. We have more measles cases this year than we've had in decades, and this kind of situation makes it very difficult for people, especially parents of young children, to know whom to trust and whether to vaccinate their children.

In response to questions from the times, the head of the CDC did not offer any comment. A statement from the Department of Health and Human Services, which oversees the CDC, said that its federal measles data, quote, reflects the best available information and our commitment to transparency and telling the American people the truth.

迟到的正义与传奇谢幕:图派克凶案定罪与梅西退出国家队

在司法审判与体育文化领域,两项重磅消息相继公布。在拉斯维加斯法庭,陪审团在仅经过三小时审议后,正式裁定 Duane Keith Davis(绰号 "Keffe D")在 1996 年说唱巨星 Tupac Shakur 谋杀案中犯有一级谋杀罪(使用致命武器)。在长达三周的庭审中,检方指控 Davis 在帮派仇杀背景下组织了猎杀行动并提供了作案枪支,并向陪审团展示了 Davis 多年间在播客及纪录片中亲口叙述犯罪过程的录音录像。尽管辩方律师辩称其言论纯属夸大其词,陪审团最终依然认定其罪名成立。Davis 将于下月接受量刑判决,面临最高终身监禁。

与此同时,阿根廷足坛迎来历史性转折:现年 39 岁的足球传奇人物 Lionel Messi 正式宣布从阿根廷国家队退役。在代表国家队出战超过 200 场比赛后,Messi 在 Instagram 上发布手写信向国家告别,写道:“感谢上帝让我成为阿根廷人。” 曾带领阿根廷队在 2022 年世界杯打入 7 球并捧起自 1980 年代以来的首座世界杯冠军奖杯的 Messi,是整个国家的精神支柱与骄傲象征,其退役消息引发了全国范围内的悲痛与不舍。Messi 预计将继续在美国职业足球大联盟的迈阿密国际(Inter Miami)俱乐部效力至少两年。

Original English Source

The verdict reads as follows. We the jury in the above entitled

Yesterday in a Las Vegas courtroom,

guilty of first-degree murder with use of a deadly weapon dated this 3rd

a jury convicted Duane Keith Davis of orchestrating one of the most notorious killings in music history, the 1996 murder of the rapper Tupac Shakur.

So, what did he do? He acquired firearm, got his group together, and went hunting for Mr. Shakur to Mr. Knight.

Over the course of the three-week trial, prosecutors laid out their case against Davis, saying he'd provided the gun used to kill Shakur, and that it was an act of revenge as part of a larger gang war. They'd leaned on Davis's own comments about the killing that he'd made over the years, playing the jury hours of interviews from podcasts and documentaries where he talked about being part of the crime. Davis's lawyers argued that those statements shouldn't be trusted because he had a long history of embellishing the truth. But in the end, after just 3 hours of deliberation, the jury found him guilty. He'll be back in court next month for sentencing, where he faces up to life in prison.

And finally,

Messi flying forward. LIONEL MESSI!

[screaming]

AFTER MORE THAN 200 games with Argentina's national team, Lionel Messi, the soccer legend and national hero, has announced that he's stepping down.

his control is brilliant, HIS FINISH IS EVEN BETTER. IT'S SENSATIONAL FROM LIONEL MESSI, and we would expect absolutely nothing less.

In his home country, the news that he's retiring from the team unleashed a wave of grief and disbelief. For years, Messi carried the hope and pride of Argentina. And yesterday, sports broadcasters there fought back tears as they talked about his retirement. One reporter said Messi was, quote, "Someone who felt like he would last forever."

Messi, who became a star playing for the club team Barcelona, initially struggled to win with his own national team. But he electrified the country back in 2022 when he scored seven goals during the World Cup and helped Argentina win his first World Cup title since the 1980s.

The 39-year-old announced his retirement from the team in a handwritten letter posted to Instagram, where he wrote, "Thank you, God, for making me Argentine." He's set to play for at least another two years in the US with the club team Inter Miami.

Now, soccer fans in Argentina are hoping the country can produce another one of its world-class superstars. One person told the Times, quote, "After Maradona, there was nobody. Then came Messi. I'm sure someone will appear."

Those are the headlines. Today on The Daily: how the daughter of one Coast Guard member who died by suicide connected the dots between his work in rough waters and severe brain injuries. You can listen to that in the New York Times app or wherever you get your podcasts. I'm Will Jarvis. We'll be back tomorrow.

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