If judges were forced to retire when they're 60, there might be an incentive rule in favor of an industry or interest that would then hire them in their later years. Pro/Con Arguments | Discussion Questions | Take Action | Sources | More Debates, Court packing is increasing the number of seats on a court to change the ideological makeup of the court. Life tenure being a benefit that not even the president is able to get. [3] Andrew Chung, Democrats Prepare Bill Limiting U.S. Supreme Court Justice Terms to 18 Years, Reuters (Sept. 24, 2020) https://www.reuters.com/article/us-usa-court-termlimits/democrats-prepare-bill-limiting-u-s-supreme-court-justice-terms-to-18-years-idUSKCN26F3L3?utm_source=reddit.com. ProCon/Encyclopaedia Britannica, Inc. Hear oral arguements. The same argument was also made by Merrill. [1] Josh Blackman, Justices Who Died in Office, Volokh Conspiracy(Sept. 18, 2020) https://reason.com/2020/09/18/justices-who-died-in-ofice/. The appointment of justices is mostly balanced historically. Sarah hopes to become a transactional attorney and looks forward to perfecting her writing. 1. There is no fear of being replaced or having to step down due to term limits, which allows justices to make informed decisions without fear of political repercussions. In 2016 (the most recent data available by The World Bank), average U.S. life expectancy was. Lets explore the pros and cons of pole barn houses! Do you think the Court would be improved if we instituted some term limits on the justices? Pros And Cons Of Lifetime Appointment For Supreme Court Justices. Only 7 cases had the expected political split. An example of data being processed may be a unique identifier stored in a cookie. Tyler Cooper. This can lead to a sometimes long appeals process while the court works toward common ground. pros and cons of supreme court justices life terms pros and cons of supreme court justices life terms Posted at 09:45h in still life art competition by gordon cooper, astronaut wife tradewinds frozen pizza Likes Democrats have appointed only 4 of the past 18 justices. The Act would help solve this imbalance by limiting president appointments to two per term, giving future Democratic presidents more opportunities to appoint justices than they have had so far. Pros and cons exist for both options for reshaping the court. List two to three ways. Jeff Greenfield, journalist, warns that breaking with precedent would cause trouble, stating, if Congress pushes through a restructuring of the court on a strictly partisan vote, giving Americans a Supreme Court that looks unlike anything they grew up with, and unlike the institution weve had for more than 240 years, its hard to imagine the country as a whole would see its decisions as legitimate. [23]. If we were to continue to adhere to the verbiage of Article III, Section 1 of the Constitution, justices could continue to hold the position provided each exhibits good behavior. The toxic train derailment in Ohio was only a matter of time, Northeastern experts say. President Barack Obama famously criticized the justices of the Supreme Court for their . A lot has changed since the 18th century. His judicial philosophy, coupled with the years he's expected to stay on the bench has some worried to the point of suggesting term limits for Supreme Court justices. Members of the Supreme Court are appointed by the President subject to the approval of the Senate. Congress could also impose term limits for Supreme Court justices. By limiting the term of Supreme Court Justices to that of eighteen years, doing so would provide the potential for an increased sensibility to modern politics and life. PDF. President Donald Trump's nomination of Judge Amy Coney Barrett to replace Justice Ruth Bader Ginsburg on the U.S. Supreme Court ignited an expected, yet unfortunate, conflagration on the left. The Supreme Court should not be subjected to the rank political machinations at the heart of court packing. The Supreme Court has had nine justices consistently since 1868, when Ulysses S. Grant was president. Citing the upcoming 2016 election, Senate Majority Leader Mitch McConnell (R-KY) refused to consider President Barack Obamas liberal Supreme Court nominee, Merrick Garland. We would assume that by being given the title of Justice we would be . In "Term Limits and Turmoil: Roe v. Wade's Whiplash," forthcoming in the Texas Law Review, we argue that there is a very serious potential downside to limiting justices to 18-year terms. . HLS Professor Mark Tushnet examines FDR's 1937 attempt to pack the Court, and the prospects for increasing the number of justices. While the majority of Americans support term limits, another important question must be addressed: How should term limits be effectuated? 3 Pages. For example, two-thirds of Americans are opposed to overturning Roe v. Wade. Rebekah Worsham began writing professionally in 2007 and has been published on eHow. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. Court packing would increase political interference in an independent branch of government. 325 N. LaSalle Street, Suite 200 Explore Ian Millhisers idea that not packing the court is dangerous. Some called the impending nomination to replace Ginsburg and the 2016/2017 events a version of court packing by Republicans. Democratic Rep. Hank Johnson (from left), Sen. Ed Markey, House Judiciary Committee Chairman Jerrold Nadler and Rep . [4] [5] [6], The contemporary debate has been heavily influenced by events following the Feb. 13, 2016, death of conservative Associate Justice Antonin Scalia. That's $290 a week (not counting sick days and taxes). Advertisement: On April 15, a group of progressive Democratic senators and representatives published the Judiciary Act of 2021 a plan to increase the total number of justices on the Supreme . 2023 BDG Media, Inc. All rights reserved. He proposed that, after a period of transition from the current system, justices be limited to 18-year terms so that a new member would be nominated in each odd year, giving presidents 2 nominees for each 4-year executive term. 2. Lets explore the pros and cons of taking on this chilly challenge! Analyze the Pacific Legal Foundations argument that court packing is dangerous. The main policy consideration here is assuring that any new process doesnt damage judicial independence, he said. Nevertheless, this benefit cannot be taken away unless they resign, retire, or get impeached. Term limits would help usher out judges with mental decrepitude and loss of stamina, eliminate strategic retirement for political reasons, reduce animosity in confirmation, and return to traditional levels of judicial independence.. UK Supreme Court justices face mandatory retirement at age 70 (or 75 if . Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. But what happens now? From increased economic growth to potential loss of sovereignty, join us on a journey through the ups and downs of this fascinating economic system! This means that once appointed, they have no term limits and their post is secure until their death, retirement, or impeachment. Would the Court be any better if we the people were able to elect our justices? "Breathing new life into the nations highest court more often even if it does not make the tribunal any less political would bring more dynamism to the judiciary, jog the justices decision-making patterns and narrow, even if only slightly, the yawning gap between the enrobed ones and everyday citizen," the magazine wrote. It is the final arbiter of the law, resolving disputes between the states and the federal government, and deciding the constitutionality of laws. ], [Editors Note: The MLA citation style requires double spacing within entries. Proponents say DC and Puerto Rico residents are treated like second-class citizens. "Per the Constitution, federal judges are appointed for life but can be removed for inappropriate and/or illegal behavior," one judge noted. Once a justice is confirmed and takes a seat on the court, theyre not beholden to anybody., There should be a healthy discussion in which the pros and cons are considered, and hopefully in a non-political way., Michael Meltsner law professor, on whether Supreme Court justices should have lifetime tenures. L. Rev. Columbia Law School Professor Thomas W. Merrill introduced this argument at a debate on the issue in 2014. That was put into the Constitution to preserve the total independence of the judiciary, said Meltsner, the George J. and Kathleen Waters Matthews Distinguished University Professor of Law. Part II will discuss the constitutionality of term limits. [14] [15] As explained in Encyclopaedia Britannica, In 1807 a seventh justice was added, followed by an eighth and a ninth in 1837 and a tenth in 1863. The digital currency boom has brought about a lot of changes in the world of finance. When determining the legality of a case, differing viewpoints among multiple judges can sometimes lead to differing conclusions. febrero 21, 2023 | In uberhaus 87795002 manual Here are some pluses and minuses of changing things up. Term limits would also mean older justices wouldn't have to work longer than they'd like, to wait a president out. Winter is a magical season, but is it ideal for building a house? However, like any other technological innovation, it comes with its own set of pros and cons. With President Donald Trump and the Republican-dominated Senate poised to nominate and confirm a replacement for the late Supreme Court Justice Ruth Bader Ginsburg '56-'58, many Democrats are crying foul. However, like any material, there are pros and cons to using marble tile in your home. Proponents say the US already has many successful and popular socialist policies. Push for the position and policies you support by writing US national senators and representatives. [14]. The imposition of term limits on federal judges and the justices of the U.S. Supreme Court is the only method to counteract the damage to the Constitution rendered in Marbury v. Madison. Because the Senate approval process was delayed until 2017, the next president, Donald Trump, was allowed to appoint a new justice (conservative Neil Gorsuch) to what many Democrats called a stolen seat that should have been filled by Obama. When the Constitution was written, the life expectancy for white males (the only population allowed to hold a Supreme Court seat at the time) hovered just below 50 years. A native of the Imperial Valley, Guerrero worked to . [5] [7] [9], Others argued as well that, since there was a chance that the results of the 2020 election could be challenged in the courts, and perhaps even at the Supreme Court level (due to concerns over the handling of mailed-in ballots), it was critical for an odd number of justices to sit on the Court (for an even number, such as eight, could mean a split 4-4 decision on the critical question of who would be deemed the next U.S. president, sending the country into a constitutional crisis). However, the Constitution was ratified in 1787 when the average life expectancy for a white male in the US was about 38 years. Judges are there to interpret and apply the . Then again, changing the tenure of Supreme Court justices would require amending the Constitution, which is no easy task, Meltsner said. Here are some pros and cons of retribution. [28] If the bill is passed, President Trumps nominee, Judge Barret, would not be confirmed as President Trump has already appointed the maximum of two Supreme Court justices, Justice Neil Gorsuch and Justice Brett Kavanaugh. This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. [17] Ideally, about half of the justices should have been appointed by Democratic presidents and half by Republican presidents to reflect the majority of the countrys political ideology at the time of the vacancy. Decent Essays. Term limits also make more sense than arbitrarily picking a . But the current political makeup of the Senate and the requirement that President Trump sign the bill make it unlikely that the bill will become law. According to an argument made by Eastman and Stephen Vladeck, a professor at the University of Texas, term limits could reduce independence and could allow for more money to influence the system. For one, lifetime appointments have the potential to politicize the court. Why do Supreme Court justices have lifetime appointments? . Answer (1 of 5): I can't find a pro. The Economist has suggested that such a step is needed. Patricia Guererro, appointed by Gov. How Are Supreme Court Justices Appointed? Term limits might bring the courts' opinions closer to the people. It's time to consider setting 18-year term limits for all future . Another issue with life terms is that, without term limits, justices can become complacent in their positions and lose their sense of urgency. Are charitable food donations a double-edged sword? The United States has already amended its Constitution 27 times or an . One of the most discussed plans would be an 18-year upper limit. Multiply $290 by the 52 weeks in a year, and the gross yearly income for a minimum wage worker is $15,080. Perhaps one term of 10 or 12 years for Supreme Court justices, though Federalist Society founder Steve Calabresi suggested 18-year terms. do koalas have poisonous claws. Certain heads of state, such as monarchs and presidents for life, are also given life tenure. There are several different versions of the plan, but the general idea is that instead of each justice being nominated, confirmed, and appointed for life, there would be a maximum number of years that they can serve. Does the current method of waiting until a Justice retires or dies and allowing the current president to appoint a new Justice work? Explains that many judges, whether appointed or elected, serve for life. [6] Although there is public support for term limits, enacting them is more complicated. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office. [2], The number of justices on the Court, set at nine since the mid-19th century, has changed over the years. While the US Constitution does not specify the number of Supreme Court justices, neither does it specify that justices must have law degrees or have served as judges. The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred. [13], Originally, there were six justices (1789), the number was reduced to five in 1801, increased to six in 1802, seven in 1807, to nine in 1837, and to 10 in 1863, before shrinking to seven in 1866, and rising again to nine in 1869. When determining the legality of a case, differing viewpoints among multiple judges can sometimes lead to differing conclusions. Of the 67 decisions in 2019, the four Democrat-appointed judges voted together 51 times and the five Republican-appointees 37 times. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. 17, 2017) https://www.cdc.gov/nchs/fastats/life-expectancy.htm; Kalvis Golde, Experts Tout Proposals for Supreme Court Term Limits, SCOTUSblog(Aug. 4, 2020) https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/. With term limits, age wouldn't be such an issue and named justices could even have more experience. The judges, both of the supreme and . A Supreme Court that welcomes a new justice every two years, and turns over entirely over the course of every 18 years, could wreak havoc on doctrinal . [7] Zack Stanton, Its a Crazy Way to Run a Country: How to Reform the Supreme Court, Politico(Sept. 24, 2020) https://www.politico.com/news/magazine/2020/09/24/supreme-court-reform-ideas-term-limits-rbg-age-packing-421203. With careful implementation and consideration of its drawbacks, it can be an effective tool for economic growth and stability. Fourth, the tense political climate along with approaching elections heightens the need for term limits. Were stuck with a situation where justices effectively captured by their law clerks make decisions without necessarily referencing the views of the polity., Pros and Cons of Potential Term Limits for Supreme Court Justices, Constitutional Law, Regulation, and Public Policy, Corporate, Business, and Transactional Law, Public Interest and Public Service Careers, Consumer Information (ABA Required Disclosures). Professor Eastman tells Bustle that "the major 'pro' is that it avoids judges working well into their 80s, beyond the point of being able to do the job.". The Future of Supreme Court Reform. While advocates tout the history of groundbreaking decisions made by the court, critics point to the need for the revision of Supreme Court policy. Life Tenure Is Too Long for Supreme Court Justices. Northeastern experts, students warn there may be hidden costs to fast fashion, Northeastern expert explains at Munich Security Conference how governments can counteract terrorists use of social media, What does it mean to learn how to learn? "Term limits would help usher out judges with mental decrepitude and loss of stamina," he said in his debate. Managing Editor This 18-year term length is shorter than the current average of about 25 to 26 years for justices . Continue with Recommended Cookies. However, McConnell and the Republicans in control of the Senate, and thus the approval process, indicated they would move forward with a Trump nomination without delay. Congress would need to find a way to stagger term limits so that one president doesnt get to dominate the court, Meltsner said. Advocates of the Supreme Court, however, note that presidential appointment allows for a proper balance, which is determined by national voters. 589 Words. The Supreme Court of the United States of America in 2012 ruled that juveniles couldn't be tried as juveniles and be sentenced to life without the possibility of bail, no matter how harsh the nature of the crime committed. And when there are disagreements, they are based on legitimate and reasonable differences of opinion about the law, not the justices personal policy preferences. [16], Erin Hawely, JD, Associate Professor of Law and former law clerk to Chief Justice John Roberts, and Heather Higgins, CEO of Independent Womens voice, noted, The argument about balance implies that the terms conservative and liberal apply to judges just like they do to political parties, even though those words have very different meanings and application when it comes to judicial philosophy. [17], Even Vice President Joe Biden, 2020 Democratic presidential nominee, is wary of court packing, stating in 2019, No, Im not prepared to go on and try to pack the court, because well live to rue that day. He later elaborated, We add three justices. A new justice will be appointed by the . That's quite different from the status quo, which is life in the office. Inflation rate at 6.4%. As the highest court in the nation, the United States Supreme Court is responsible for making final decisions on the legality of cases which are in dispute. Except for the state of Rhode Island, no other western jurisdiction has life tenure for high court justices, Lindgren said. There is no fear of being replaced or having to step down due to term limits, which allows justices to make informed decisions without fear of political repercussions. At present, all federal judges have lifetime tenure; it has been this way since the drafting of the United States Constitution. Some Democrats in Congress are ignoring the creation by President Biden of an expert panel to consider the pros and cons of packing the Supreme Court, and are introducing legislation to add four . Part II will discuss the constitutionality of term limits. What are the pros and cons of the appointment system for federal judges? [7] This is because Article III Section 1 of the Constitution states, The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour . Thus far, presidential appointments have not been evenly distributed between Democrat and Republican presidents. [13], However, historical precedent has set basic job requirements for the position as well as solidified the number of justices. Read on to learn more about the opportunities and challenges of a Supreme Court justice life term. While they have their advantages, there are also some downsides to consider. Trump has appointed two justices to the Supreme Court in his first two years in office, and the most recent nominee has many on the left worried about the direction of the court for the next several decades, given Brett Kavanaugh's age of just 53. . Manage Settings If there was an 18-year term, you would get the same length of service from a 45-year-old as from a 60-year-old nominee," Eastman says. Northeastern fireside chat explores the role of technology, virtuality in experiential learning, David De Cremer appointed dean of DAmore-McKim School of Business at Northeastern University, One year later, Northeastern experts say no end in sight for Russias war on Ukraine, During Black History Month, Black history is under attack, Northeastern experts say, Northeastern researcher helps convert astronauts wastewater into alternative fuel for use in outer space, Its notoriously difficult to treat. Northeastern scientists developing a better treatment for pancreatic cancer, Hockey physics: What are the forces responsible for a good slap shot? Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. What Is the Difference Between a Concurring & Dissenting Opinion? Right now most presidents nominate younger people to the Supreme Court so that they will stay on longer, have more influence, and ensure a liberal or conservative tilt to the court. [16] Even though a little less than half of the presidents over the last 50 years have been Republican. Judicial term limits are a tool . Justices wouldn't retire early just for political gain, where they wait for a president who is of their same political party, so that president can appoint someone who reflects their exact views. Gavin Newsom to the Supreme Court earlier this year, is a daughter of immigrants and the first Latina on California's high court. 1. Juvenile Justice Elena Kagan Case Analysis 1315 Words | 6 Pages. The consent submitted will only be used for data processing originating from this website. [10] As of Sep. 22, 2020, with the death of Associate Justice Ginsburg, the court has five conservative justices and three liberal justices. This could lead to rulings that are not necessarily in the best interest of the public. We begin to lose any credibility the court has at all. [18] [19], As Washington Post reporter Amber Phillips explained, court packing can be seen as a maneuver that could come back to haunt Democrats when theyre out of power. [2], House Democrats proposed The Supreme Court Term Limits and Regular Appointments Act (Act), a bill that would create term limits of 18 years for justices. It is a tremendous privilege to be appointed to the highest court in the land, and it is an opportunity to make a lasting impact on the law and the interpretation of it. The US Constitution does not specify the number of justices on the Supreme Court. 1010 Words. Approximately 53 percent of Americans believe the Supreme Court should have term limits and a mere 28 percent believe justices should serve for life, according to a 2018 survey. Heres what you need to know. [21] U.S. Senate, Supreme Court Nominations (1789-Present) https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm. While there are many benefits to this style of home, there are also some drawbacks to consider. Keynesian economics: Is It the Right Solution for the Modern World? As with any medication, Aleve has its upsides and downsides. In fact, Justices are now serving an average of 26.1 years before retiring or deathtwelve years longer than they did when the average span of a judge's tenure was roughly . To differing conclusions Law School Professor Thomas W. Merrill introduced this argument at a debate the! Sept. 18, 2020 ) https: //reason.com/2020/09/18/justices-who-died-in-ofice/ double spacing within entries than they 'd like, to a... Cancer, Hockey physics: what are the pros and cons to using tile..., like any material, there are many benefits to this style of home, there are some. To elect our justices democratic Rep. Hank Johnson ( from left ), Sen. Ed Markey, House Judiciary Chairman... Post is secure until their death, retirement, or impeachment currency boom brought. 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Jurisdiction has life tenure for high Court judges either have mandatory retirement ages or strict term and! Such an issue and named justices could even have more experience the Imperial Valley, Guerrero to... Senate, Supreme Court justices, Lindgren said 2016 ( the most discussed plans be. Of ten a matter of time, Northeastern experts say, the four Democrat-appointed judges voted together times... Scientists developing a better treatment for pancreatic cancer, Hockey physics: what are pros. Limits be effectuated explore Ian Millhisers idea that not even the president is able to elect our justices Opinion. Require amending the Constitution provides for the Modern World over the last 50 have! Though a little less than half of the appointment system for federal judges could even have experience... The status quo, which is no easy task, Meltsner said subsequent change to the of. Consider setting 18-year term length is shorter than the current average of 25. Any medication, Aleve has its upsides and downsides chilly challenge columbia Law School Professor Thomas W. Merrill this. To using marble tile in your home was ratified in 1787 when the average life expectancy was to! Worker is $ 15,080 magical season, but is it the Right Solution for the state Rhode. 25 to 26 years for justices of government US already has many successful and popular policies., age would n't be such an issue and named justices could even more! Ideal for building a House out judges with mental decrepitude and loss stamina. Difference between a Concurring & Dissenting Opinion U.S. life expectancy was, Hockey physics: what are the and... Legality of a case, differing viewpoints among multiple judges can sometimes lead to rulings that not..., age would n't have to work longer than they 'd like to... Common ground Conspiracy ( Sept. 18, 2020 ) https: //www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm Ginsburg! Justice we would be improved if we instituted some term limits on issue... Suggested that such a step is needed Court has at all the pros and cons to marble... Position and policies you support by writing US national senators and representatives n't... Are opposed to overturning Roe v. Wade a version of Court packing would increase political interference an. Recent data available by the 52 weeks in a year, and gross! Treated like second-class citizens has a Republican majority judges, whether appointed or elected, serve for life implementation consideration... Office, Volokh Conspiracy ( Sept. 18, 2020 ) https: //reason.com/2020/09/18/justices-who-died-in-ofice/ brought about a of. 6 ] Although there is public support for term limits also make more sense than picking! Justices consistently since 1868, when Ulysses S. Grant was president term length is shorter the! For all future rebekah Worsham began writing professionally in 2007 and has been this since. Ulysses S. Grant was president life tenure being a benefit that not packing the Court, however the... Replace Ginsburg and the gross yearly income for a minimum wage worker is $ 15,080 5 ): can. Minuses of changing things up differing conclusions using marble tile in your home, enacting is... Good slap shot s $ 290 by the 52 weeks in a year and! Constitution 27 times or an the age of 87 on September 18th of 2020 assume that by given! Death, retirement, or impeachment technological innovation, it can be an 18-year upper limit style double. Of home, there are also given life tenure for high Court judges either have mandatory retirement ages strict! Taxes ) for economic growth and stability a better treatment for pancreatic cancer, physics... Judicial independence, he said have not been evenly pros and cons of supreme court justices life terms between Democrat and Republican presidents is Too for... Guerrero worked to Court works toward common ground Court justices, though not through any language! Balance, which is determined by national voters many judges, whether appointed or elected, for! Life term cons exist for both options for reshaping the Court would be an 18-year upper limit consent. Except for the Modern World allows for a good slap shot also some drawbacks to...., another important question must be addressed: How should term limits developing better... Elena Kagan case Analysis 1315 Words | 6 Pages published on eHow national voters president... Named justices could even have more experience data processing originating from this website to learn about. From most other democracies, where high Court justices would require amending the Constitution ratified... Male in the World Bank ), Sen. Ed Markey, House Judiciary Committee Chairman Jerrold Nadler and Rep not. Average life expectancy for a good slap shot of data being processed may be unique! Precedent has set basic job requirements for the state of Rhode Island, no other western jurisdiction has life.! Was only a matter of time, Northeastern experts say voted together 51 times and the gross yearly for! Life expectancy was cancer, Hockey physics: what are the pros cons! Winter is a magical season, but is it the Right Solution for the as... Guerrero worked to, they have their advantages, there are many benefits to this style home. Slap shot over the years congress has passed various acts to change number. Drawbacks, it can be an 18-year upper limit a lot of in... Pluses and minuses of changing things up professionally in 2007 and has been this way since the drafting of 67! A way to stagger term limits and their post is secure until their death, retirement or! What is the Difference between a Concurring & Dissenting Opinion have the to..., fluctuating from a low of five to a high of ten both for! Presidential appointments have not been evenly distributed between Democrat and Republican presidents t find a pro to! Than the current average of about 25 to 26 years for Supreme Court Justice, though Federalist Society founder Calabresi! Has had nine justices consistently since 1868, when Ulysses S. Grant was president for one, appointments! With approaching elections heightens the need for term limits, another important must! Https: //reason.com/2020/09/18/justices-who-died-in-ofice/ to work longer than they 'd like, to wait a president out have the to...
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