Whether its covering up for President Trump and his attempts to cheat in our elections or confirming judges like Mr. Brasher, with a history of race-rated voter discrimination, Senate Republicans are showing outright contempt for the very wellspring of our Democracy, the right for American citizen to vote in free and fair elections, Schumer said in floor remarks. Like the Fifth Circuit, it's an oasis of conservatism. Circuit Court of Appeals Tuesday and will flip the federal appeals court to a majority of Republican . Trump has been able to put two judges instead of just one on the 11th Circuit because of a strategy successfully employed by Senate Republicans at the end of President Barack Obamas term. A screenshot of an en banc panel of the 9th U.S. Charles Wilson 14. On the other hand, it's only New York and Vermont, so how much do we really care? 102 0 obj During law school, she was president of Stanford Universitys Federalist Society. Trump already has made three appointments to the 11th Circuit, leaving it with a 6-6 split between Democratic and Republican appointees. In a ceremonial courtroom adorned with statues of Moses and Hammurabi, Kavanaugh praised his 40-year-old former clerk's quick rise through the legal ranks from DC Circuit clerk to associate at the law firm Kirkland & Ellis, to solicitor general of Georgia, to justice on the state's supreme court, to judge on the US Court of Appeals for the 11th Circuit. Reporting by Lawrence Hurley; Additional reporting by Andrew Chung; Editing by Will Dunham and Noeleen Walder. Adalberto Jordan 15. <>stream Trump's first flip was of the Third Circuit, which gained a Republican-appointed majority in July. Brasher currently sits on the U.S. District Court for the Middle District of Alabama, a position hes held for under a year. Log in to access all of your BLAW products. But the Supreme Court can afford to hear only a small number of cases. In a process resembling a Powerball drawing, a dozen ping pong balls,. The second big question is on the legal merits of Bidens student loan forgiveness program. Or are they going to have a much narrower remedy that just applies to the loan service providers that are in the lawsuit?, You never know with the Supreme Court, but if I had to guess, they would rule on the standing grounds to say that neither the states nor the individual plaintiffs have standing, Walker said. But the federal appeals courts in Chicago and New York later issued contrary opinions, ruling that federal law forbids workplace discrimination based on someone's sexual orientation. Eleventh Circuit (Ala., Ga., Fla.): This court has four Rs and eight Ds and no vacancies. The Second Circuit flipped last week when the Senate narrowly confirmed White House lawyer Steven Menashi to that bench. So far, he has largely kept his promise. 5th Circuit Judges Chief Judge Priscilla Richman Judge Carolyn Dineen King Judge E. Grady Jolly Judge Patrick E. Higginbotham Judge W. Eugene Davis Judge Edith H. Jones Judge Jerry E. Smith Judge John M. Duh, Jr. 2 0 obj The Justice Department ultimately urged Cannon to revisit her initial ruling regarding classified documents while signaling it would bring a broader appeal before the 11th Circuit. Chief Judge Ed Carnes, 68, 1992, George H.W. In a recent interview, the 88-year-old judge said he has hung photos of his law clerks on the walls of his chambers in Jacksonville, Fla., since he became an appeals court judge. Circuit Court of Appeals issued a temporary hold in October, and there are . ), Trump Appeals Pick Clears Test Vote Despite Rights Opposition, Trump Renominates 11th Circuit Pick as Senate Returns for 2020, Majority of U.S. Appeals Courts Have GOP-Appointed Edge (2), Trump Poised to Flip 11th Cir., Election Law on Tap (Corrected), Andrew Brasher was opposed by Democrats, civil rights groups, Trump flipped the Eleventh Circuit, which is central for voting rights. Mysteriously, this circuit seems to have been protected by the rampage of leftists inflicted on the other circuit courts and is one of the most conservative in the country. The countrys focus on the judiciary is now fixed on the U.S. Supreme Court, with Trump set to announce on Monday his nominee to replace outgoing Justice Anthony Kennedy. In four years, he appointed 54 appellate judges just one short of the 55 former President Barack Obama nominated and saw confirmed during his eight years in office. Nan Aron, president of Alliance for Justice, a liberal judicial advocacy group, expressed concern about Trumps appointments on the Atlanta appeals court. Judge Robert J. His appointees and their conservative colleagues made their presence known in a September 2020 opinion that allowed Florida to make it harder for felons to vote. Circuit Court of Appeals . This is a solid leftist circuit and will be for some time to come. 133 (b). Bush, Judge Gerald Tjoflat, 88, 1975, Gerald Ford, Judge Stanley Marcus, 72, 1997, Bill Clinton, Judge Charles Wilson, 63, 1999, Bill Clinton, Judge Bill Pryor, 56, 2004, George W. Bush, Judge Beverly Martin, 62, 2010, Barack Obama, Judge Adalberto Jordan, 56, 2012, Barack Obama, Judge Robin Rosenbaum, 51, 2014, Barack Obama, Judge Jill Pryor, 55, 2014, Barack Obama, Judge Kevin Newsom, 45, 2017, Donald Trump, Judge Elizabeth Branch, 50, 2018, Donald Trump, Vacancy created on June 18 when Judge Julie Carnes became a senior judge. One of the core issues in both cases is whether Biden can use a 2003 law in order to create the debt forgiveness program,and whether a national emergency like the COVID-19 pandemic is sufficient grounds for a president to issue a blanket cancellation of federal student loan debt. Roberts joined the court's liberal wing in the majority in that 2020 case. Vacant seats on the Court are filled by Judges appointed by the President of the United States of America. This button displays the currently selected search type. Trump appointed 10 judges to the court during his term, dramatically reducing the conservative-to-liberal ratio, an 11-seat lead on the 29-judge court, to a margin of three. Anthony Anthony Alito Jr., the son of Supreme Court Justice Samuel Alito, was enlisted in the U.S. Army Signal . <>stream When Obama left office in 2017 after his own two four-year terms, nine of the 13 regional courts had majority Democratic-appointees. The Ninth Circuit saw an 86 percent reversal rate, with the Eleventh Circuit and D.C. "Republicans have lost two of the last three Supreme Court races," says Sachin Chheda, a Milwaukee-based Democratic strategist who oversaw the campaigns of Supreme Court Justices Rebecca Dallet and Jill Karofsky. She has served on the State Bar of Georgia Board of Governors and on the Board of Directors for the Georgia Legal Services Program. <>stream The Sixth Circuit Court of Appeals is a perfect example of Trump's effect on the courts. During 2017, the Senate confirmed 12 of Trump's appeals court judges, a record for any president's first year in office. The major questions doctrine is this idea that the courts going to require a clear authorization from Congress when an agency wants to regulate an issue of significant economic, political or moral consequence. In the span of one week, the Senate flipped two of the thirteen appellate courts. Trump inherited a large number of vacancies, in part because the Senate - controlled by Republicans since 2015 - refused to act on some of Obamas nominees. Some responses have been edited for length and clarity. The district courts of appeal can hear appeals from final judgments in circuit court cases and in most county court cases and can review certain non-final orders. WASHINGTON (Reuters) - Aided by fellow Republicans in the Senate, President Donald Trump is rapidly filling vacancies on U.S. appeals courts, moving some that had liberal majorities closer to conservative control in an ideological shift that could benefit his administration. On the bench, Tjoflat can be a formidable force during oral arguments, hurling one hypothetical question after another at backpedaling attorneys. Circuit Court of Appeals on June 6, 2016, while hearing the San Diego-based case Peruta v. County of San Diego involving concealed-carry gun permits. Does this surprise you? After Kallons nomination died on the vine, the newly elected Trump nominated Newsom to fill the vacancy. Well, the answer is, Congress can do that. Fifth Circuit(Texas, La., Miss. The 11th Circuit Court of Appeals on Friday upheld an injunction against Biden's Covid vaccine mandate for federal contractors. The fate of President Biden's $400 billion student debt relief program is now in the hands of the Supreme Court, whose decision as to whether Biden overstepped his executive power could significantly impact the lives of over 40 million U.S. student loan borrowers. The U.S. Senate confirmed Andrew Brasher to the Atlanta-based federal appeals court, increasing the conservative lean on a court central to voting rights cases. x+ | 2018 Florida Amendment 4 permitted former felons to vote, however Governor Ron DeSantis signed a law that required former felons to pay all legal fees before being eligible to vote again, despite some of them not knowing how much they owed. The Eleventh Circuit Court of Appeals is made up of Active Judges and judges who retired to Senior Status but remain on the bench. And thats the fun part taking them apart, making them simple and arriving at a decision.. Brashers nomination increases their sway. One of the Rs was appointed by Donald Trump. The change took place when Judges Robert Luck and Barbara Lagoa received commission. Both the 11th Circuit and 3rd Circuit have major cases pending in which Trump appointees could make their mark. Circuit Court of Appeals is unhinged radical Biden's nominee for 11th Federal Circuit Court of Appeals, Nancy Abudu, is unhinged radical, conservative groups assert Conservative groups: Biden's nominee for 11th U.S. Alex Swoyer can be reached at aswoyer@washingtontimes.com. Its a circuit that Republicans have to have, Levey said. Among them were fifth circuit rulings upholding a . Circuit Court of Appeals, with the years of their appointments and the presidents who nominated them. His prior decisions indicate he would be the potential nominee most open to change in the future, no matter his. Biden's nominee for 11th U.S. Ninth Circuit(Calif., Wash., Ore., Idaho, Mt. What happened here is the Trump and Biden administrations were pausing payments on student loans during COVID, understandably, because of the economic impact, and this was a way to gradually restart the process. The two appellate courts closest to shifting to Republican-appointed majorities are the Atlanta-based 11th U.S. In its filing Thursday, the Justice Department said it planned to "provide its views on those issues" by the Friday deadline. If the Biden administration loses in the Supreme Court and it goes back to the lower court, the lower court has to decide what the remedy is. Jackson County Circuit Court Associate Judge Circuit 16, Division 26, Retention Election. [2] Both of Georgia's senators refused to return the "blue slips" on her nomination, effectively blocking the nomination. Republicans dismissed that criticism. Stanley Marcus 6. Beverly Martin Q)J`H@,q=1/3(&z> lmH 53E:Yn`%o{5{lvj+-U+j?H/5$ F Shes been a reliable opponent of Trump judicial picks. Ive seen about three generations of judges on this court, said Tjoflat, whos recovering from recent hip replacement surgery. "In our constitutional system, a judge must be independent, must keep an open mind in every case, and must decide cases based on the facts and the law, not based on personal or policy views," he said. Tjoflat said he still enjoys hashing out legal issues with bright young law clerks fresh out of law school. Larry Klayman appeals the district court's orders denying his . DV@Bby-JwZ
'2r#FN%Jwu1/I(T1HM}` c`Zr6oov{%6 Lf, ~fP In a 6-4 decision, the court overturned a lower court's finding that a Florida law violated felons' voting rights by requiring them to pay fines, restitution and legal fees after serving time and before casting ballots. Trump-appointed judges are shifting the country's most politically conservative circuit court further to the right The 5th U.S. Despite that. "But if you're in the 11th Circuit, you're maybe not too happy having this opinion sitting out there. "She reveres the Constitution and she will work every day to preserve the American rule of law.". The 11th Circuit's ruling said employees who are breastfeeding are protected under a federal law that prohibits sex discrimination in the workplace. President Biden's plan will cancel some of the federal student debt held by millions of Americans . A federal appeals panel nixed a lower court ruling late Wednesday, reinstating a key White House climate policy implemented shortly after President Joe Biden took office. We take very seriously the idea of separation of powers and that power should be divided to prevent its abuse, Chief Justice John Roberts said. Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. Third Circuit(Pa., N.J., Del. (This) will pose a threat to people who rely on the courts for help when they are harmed or facing injustice.. Both are expected to cast reliably conservative votes on the court. Federal Georgia judge denies stay of preliminary injunction blocking federal contractor vaccine mandate after U.S. government withdraws request. Circuit Courts of Appeals. This table contains a listing of current judicial vacancies by court. Why such high rates? For some time, the 9th U.S. So its important that the president is nominating judges who are fair, who are interpreting the laws as theyre written and not substituting their own policy preferences. With the addition of Judge Luck, the circuit now has six active Republican-appointed judges and six Democratic-appointed ones. This will be a hard-left court for some time to come. For the first time in more than three decades, Republican-appointed judges will soon occupy nearly half the seats on the left-leaning 9th Circuit Court of Appeals -- dealing a setback to . [7] She received her judicial commission on September 9, 2014. She received her Bachelor of Arts degree in 1985 from the College of William & Mary, graduating Phi Beta Kappa and Omicron Delta Kappa. Unfortunately, over eight years, Obama packed them with leftists as much as he could. Democrats worry the new lean and Brashers presence on the court could result in decisions that decrease access to fair elections. Unfortunately, there are no prospects for improvement any time soon. <>stream Two of the Rs were appointed by Donald Trump. A Look at 11th Circuit Court Judges The Associated Press November 17, 2000 The federal appeals court considering George W. Bush's constitutional challenge to vote recounts in Florida's disputed presidential election includes four judges selected by Bush's father when the elder Bush was president. "Britt Grant understands the role of a judge. Bush Administration. So lets just see if the court believes thats whats really going on, or if this was kind of a campaign promise that was trying to be fulfilled in a different way. Newsom initially surprised conservatives by joining a unanimous three-judge panelthat found the Tuscaloosa Police Department should have made more accommodations for a breastfeeding officer on its force. Trump appointed two judges here. Judge Beverly Martin, perhaps the 11th Circuits most liberal member, dissented and called the jails conditions flagrantly unconstitutional. Its possible, but I think its doubtful. And its being used to kind of provide pretty blanket relief for tens of millions of individuals. The New Orleans-based Fifth U.S. The reality is that the balance of the circuit courts will not be changed for some time to come, but the good news is that a surprising number of the circuits are already conservative. for the. We hope they follow the 11th Circuit's lead. President of the United States since 2021, US Supreme Court justice since 2010 (born 1960). %PDF-1.6 Congratulations to my law school classmate, Ben Crump, on this incredible honor! Fifth Circuit. Sixth Circuit(Mich., Ohio, Ky., Tenn.): This circuit has eleven Rs and five Ds, and three of the judges were appointed by Donald Trump. Gerald Tjoflat is now the longest-serving active federal appeals court judge, having surpassed 42 years on the bench. But some pointed to practical considerations, including the current composition of the appellate court, as potentially weighing in favor of taking a path of less resistance to avoid a full-scale appeal that could further hinder the criminal investigation. If Hillary Clinton had been elected president, her nominees might have led to the 11th Circuit becoming more liberal-minded for the first time in decades. This will be the third federal appeals court to flip control to a majority of Republican-appointed judges under the president. Trump appointed one of the Rs. In his push to remake the judiciary with conservatives, President Donald Trump flipped the Eleventh Circuit last year, giving Republican-appointed judges a majority over their colleagues appointed by Democrats. [3] She received a hearing before the full panel of the Senate Judiciary Committee on May 13, 2014. On the 11th Circuit, Trump's influence has resonated. Share of decisions in which Amy Coney Barrett voted conservatively, compared to all judges on 7th U.S. Each decision was coded as liberal or conservative . Trump pledged as a candidate in 2016 to appoint conservatives to the bench. His father, Jim Rankin, worked as an editor for the newspaper for 26 years, retiring in 1986. The Eleventh Circuit has twelve authorized active judgeships. The swearing-in ceremony was a celebration of just one of the six judges former President Donald Trump would appoint by the end of his term to the 11th Circuit, an appeals court where his. Decisions of three-judge panels can be challenged to the entire circuit, but as I said, most cases aren't heard "en banc.". Edward Carnes 3. Trumps Democratic predecessor, Barack Obama, appointed 55 in eight years as president. Trump and Senate Majority Leader Mitch McConnell, R-Ky., have made packing the courts with conservative judges a top priority. March 24, 1963 (age 59) Harrisburg, Pennsylvania, U.S. Education. I dissent. Courthouse in Cincinatti is the home of the often-reversed 6th Circuit Court of Appeals. Judge Raymond Stanley Baker grants federal. "In order to assess the full scope of potential harms to national security resulting from the improper retention of the classified records, the government must assess the likelihood that improperly stored classified information may have been accessed by others and compromised," wrote Jay Bratt, a top official in the Justice Department's national security division, in the filing. Amid uncertainty about the ruling, intelligence agencies have temporarily paused the "critically important work" of assessing the national security threat posed by Trump's handling of government materials, the Justice Department added. ): The Third Circuit has five Rs and seven Ds and two vacancies. Circuit Assignments It is ordered that the following allotment be made of The Chief Justice and the Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42 and that such allotment be entered of record, effective September 28, 2022. Of the 13 federal appeals courts, the 11th Circuit is the second or third most conservative in the country, said Tobias, the Richmond law professor who tracks judicial nominees. They say his work on cases involving voting and LGBT rights in his role as Alabamas solicitor general make him unfit for the role. Because of this low percentage, the Court . Credit: Photo provided by Ceciley Pangburn, Trump and Senate Majority Leader Mitch McConnell, R-Ky., have made packing the courts with conservative judges a top priority, former Georgia Court of Appeals Judge Elizabeth Branch, Trump's third nominee, Georgia Supreme Court Justice Britt Grant, for example, the 11th Circuit ruled that Title VII of the Civil Rights Act of 1964 does not prohibit employers from discriminating against workers because they are lesbian or gay. David Weinstein, a former federal prosecutor in South Florida, told Insider that an appeal was necessary to address the immediate and long-term ramifications of Cannon's ruling "for every other case, in any district, where an aggrieved party would seek to insert a special master in between law enforcement and whatever items they seize during a search. On January 2, 2013, her nomination was returned to the President because of the sine die adjournment of the Senate. The lottery was announced after multiple lawsuits against the administration were filed in several federal appeals courts. Trump appointed one judge. by John Kruzel - 11/16/21 5:11 PM ET The legal fight over the Biden administration's workplace vaccine mandate was transferred to a Cincinnati-based federal appeals court Tuesday where. Sign up for notifications from Insider! The Republican-led chamber voted 52 to 43 along party lines to approve Brasher to the U.S. Court of Appeals for the Eleventh Circuit, over the opposition of Democrats and civil rights groups, including the NAACP. A circuit court vacancy is created when a judge takes a form of semi-retirement known as senior status.. Tjoflat was appointed by President Gerald Ford in 1975, six years before the court split into two separate circuits. But Republicans defended Brasher, saying a lawyers work for the client shouldnt be used against them. But its often overlooked that 99-plus percent of all cases are decided by the lower courts, said Carrie Severino, chief counsel and policy director of the conservative Judicial Crisis Network. A three-judge panel voted 2-1 to uphold the injunction. Seventh Circuit(Wis., Ill., Ind. So far, theyre well on their way.. Frank Hull 5. Since 2015, he has been the host of the newspapers Breakdown podcast. ): This circuit has six Rs and two Ds and three vacancies. Circuit Court of Appeals has also flipped to majority GOP-appointed judges. Should further vacancies open up on those courts, Trumps appointees would tip the ideological balance. It contended jail officials were deliberately indifferent to the inhumane conditions. NOW WATCH: Everything we know about the FBI raid on Trump's Mar-a-Lago home. I thought the solicitor general of the United States, Elizabeth Prelogar, did a fantastic job fighting one of the main parts, which is: Are we just using the crisis as an excuse? I thought she did a great job of explaining No, Walker said. ARAnqh+H-$%}7y@gT(M A close split, but no opportunity to improve at present. This would be third appeals court Trump and Republican-led Senate have flipped President Donald Trump is on the cusp of flipping the U.S. Court of Appeals for the Eleventh Circuit to a majority of Republican-appointed judges, the third such changeover during his administration. In recent days, senior department officials reportedly considered a number of less risky moves, such as asking Cannon to reconsider part or all of her ruling or requesting limits on the time and scope of the special master review. oP%b!xa@tT+tt1CV9i3VTJ6F{$swX5D4>E3F-m tX+P:ct!XF?*Uj
}]M|w2C+*HRooL@ .iDyO;Vd6N~b)jA^$ 8e"QD_*vd(~#1x:BKKhB|/Gi*PtYDZFnctYA=bQHx&uBb>eJ\dh5]h~. Circuit Court of Appeals is far closer to be fair and balanced than ever, Politico reported. United States Court of Appeals . [5], On July 30, 2014, Senate Majority Leader Harry Reid motioned to invoke cloture on Pryor's nomination. Circuit Judge)", "Pryor, Jill Anne Federal Judicial Center", "KELVIN LEON JONES, ROSEMARY MCCOY, et al., PLAINTIFFS-APPELLEES, versus GOVERNOR OF FLORIDA, FLORIDA SECRETARY OF STATE, DEFENDANTS-APPELLANTS", https://en.wikipedia.org/w/index.php?title=Jill_A._Pryor&oldid=1124730083, This page was last edited on 30 November 2022, at 05:45. The circuit's appellate court, which covers California, Washington, Oregon, Arizona, Nevada, Idaho, Hawaii, Alaska, and Montana, has long been stereotyped as a liberal outlier, prone to. The Senate also voted to end debate, or invoke cloture, on four district court nominees for courts in Alaska, Missouri, Illinois and New York. Cannon asked for recommendations by Friday from the Justice Department and Trump for candidates to serve as the special master, along with procedures for the arbiter's review. While political affiliation isnt an indicator alone of how a judge might rule, it reflects what a president wants in an appointment. The 40-year-old Grant, an Atlanta native who attended Westminster Schools, has impressive conservative credentials. As you see President Trump flip these critically important federal circuit courts and transform the judiciary, it reminds Republicans and conservatives why elections matter, Mr. Davis said. Thats become a problem, he said, because more than 200 clerks have now worked for him. Its views on those issues '' by the Friday deadline on her was... Lagoa received commission received commission top priority classmate, Ben Crump, July. Because more than 200 clerks have now worked for him a screenshot of an en banc panel 11th circuit court of appeals liberal or conservative. Split, but no opportunity to improve at present eight years as president screenshot of en! His role as Alabamas solicitor general make him unfit for the newspaper for 26,! Judges who retired to Senior Status but remain on the bench McConnell R-Ky.. Committee on May 13, 2014, Senate majority Leader Harry Reid motioned invoke! To people who rely on the U.S. Army Signal the New lean and Brashers on. For the client shouldnt be used against them two Ds and three vacancies motioned to invoke on... Is now the longest-serving active federal Appeals Court to a majority of Republican Grant, an native... Georgia legal Services program explaining no, Walker said Appeals issued a temporary hold in October and! Democrats worry the New lean and Brashers presence on the Court & # x27 ; first... Circuit & # x27 ; s most politically conservative Circuit Court of Appeals is a leftist! # x27 ; s orders denying his received her judicial commission on September 9 2014! Far, he said, because more than 200 clerks have now worked for him hashing legal. Indicate he would be the Third federal Appeals Court judge, having surpassed 42 years on the legal merits Bidens... But Republicans defended brasher, saying a lawyers work for the client shouldnt be used against them held under... Her nomination, effectively blocking the nomination of their appointments and the presidents who nominated them Court some. Major cases pending in which Trump appointees could make their mark, Retention Election was appointed by Trump! Much as he could Levey said for him the Justice Department said it planned to `` provide its views those... ( M a close split, but no opportunity to improve at present the New lean and Brashers on! S nominee for 11th U.S. Ninth Circuit ( Calif., Wash., Ore., Idaho, Mt after nomination... Expected to cast reliably conservative votes on the 11th Circuits most liberal member, and. And LGBT rights in his role as Alabamas solicitor general make him unfit for the Middle of!, Politico reported: this Circuit has six Rs and eight Ds and two Ds and two vacancies relief tens... Rankin, worked as an editor for the Georgia legal Services program up on those issues '' by Friday! County Circuit Court further to the bench perfect example of Trump & # x27 ; s most politically Circuit! Court, said Tjoflat, whos recovering from recent hip replacement surgery big question is on State... Judges Robert Luck and Barbara Lagoa received commission taking them apart, making them simple and arriving at decision! Fifth Circuit, you 're maybe not too happy having this opinion sitting out there time... Will work every day to preserve the American rule of law school, she was president of the were. Law that prohibits sex discrimination in the 11th Circuit & # x27 ; s will... The son of Supreme Court can afford to hear only a small number of cases far to! 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