[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. 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). Copyright 2023 The Trustees of Columbia Universityin the City of New York. Adding justices would ensure that it never reflects only one partys political agenda. Have you got a Big Question you'd like us to answer? The Supreme Court will have a fair and impartial interpretation of the Constitution in the long run, as well as the countrys diversity, if this is done. At the time of McConnells Sept. 18 announcement via Twitter, there were 124 days left in Trumps term and 45 days until the 2020 election. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent branch of government. Supreme Court justices also have the opportunity to influence and shape the law of the land, which is a unique and powerful perk. Inaccordance with the principle of providing checks and balances, the executive and legislative branches exercise control over the Supreme Court by, respectively, proposing and approving candidates for that body. CON: It Could Make SCOTUS More Political. Liberals, and some conservatives, argued that the 2016 precedent should be followed and that Justice Ginsburgs seat should remain empty until after the 2020 presidential election or the Jan. 2021 presidential inauguration. [21] No justice has been confirmed unanimously since. At the time, there were 342 days remaining in Obamas presidency, 237 days until the 2016 election, and neither the 2016 Democratic nor Republican nominee had been chosen. 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. While lifetime appointments may be a longstanding tradition in the U.S., this approach isnt the norm in other countries. In addition, they can serve there whole life for unlimited years meaning they potitionaly could become lazy in there duties and corrupt. Therefore, term limits are necessary because Constitution of United States of America 1789, Purpose of Lifetime Appointment and Pros and Cons, Supreme Court Justice Ruth Ginsburg passed away, Know The Nature and Role of The SC Justices, What You Need To Know About Judicial Leanings, Understanding The Influence of The Bill Of Rights, What You Need to Know About Proposed and Unratified Amendments. They are enjoying extended stays on the bench due to an increase in life expectancy. WebThe Pros And Cons Of Life-long Judicial Appointments. A new justice will be appointed by the President to take [6] Although there is public support for term limits, enacting them is more complicated. WebThe Supreme Court is an extremely important part of government. The salaries of Supreme Court justices vary from state to state. PRO: No Politically Motivated Retirements. Hi, I'm Happy Sharer and I love sharing interesting and useful knowledge with others. [11] According to the living Constitution approach, the Framers did not intend for justices to serve for as long as they do now because life expectancy was significantly shorter. Oliver Wendell Holmes Jr., the oldest justice in U.S. history, retired in 1932 at age 90. That majority expanded to 6-3 in 2020 with the appointment of Amy Coney Barrett. The way I believe that a person predicts the decision of the justices on the Supreme Court is in part on how, there is little difference in the end result but there are pros and cons to each type of counsel. Supreme Court nominees can be confirmed by the United States Senate with a simple majority vote, with the Vice President called in to break a 50-50 tie. Paragraph 1 Introduction Paragraph 2 Pros of lifetime appointment Paragraph 3 Cons of lifetime appointment Paragraph 4 Your position They will not fix any issues, they will make any current problems harder, and will even generate new ones. To access extended pro and con arguments, sources, discussion questions, and ways to take action on the issue of whether packing the U.S. Supreme Court should be considered, go to ProCon.org. oA;xQyY;v The single instance of this happening, the impeachment of Samuel Chase in 1805, ended with the Congressional determination that the move was purely political and lacked acceptable grounds for proceeding. The Supreme Court is largely balanced. Meanwhile, the average salary for a Supreme Court justice is over $250,000 per year. WebBy 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. In 1975, the average salary for a Supreme Court justice was just under $50,000. Many, The Supreme Court has been given credit and blame for having a wide range of effects on society. Mxs{tDGL(, Ckx:h"W IJOAU"']F a B)bfV08t3 o,;$T[C$Pjn[em%,+EYq=>l4Or Af&: a PeLC7NF@v7>CM \ha/0MsVU)P_E[=mb1r74T\xB. Gorsuch seem like a good family man with traditional religious values and non-traditional. 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. Each branch has the authority to restrain the other branch to provide checks and balance of the Constitutional system. Various concerns have also been raised about the ways in which lifetime appointment impinges on the office of Supreme Court Justices. Justices On The Supreme Court Can Serve For Life, But Can Be Removed From Office By Impeachment. On December 19, 2019, the Attorney General petitioned this Court for an advisory opinion regarding the validity of an initiative petition sponsored by Make it Legal Florida (the Sponsor) and titled Adult Use of Marijuana.. People would want to chose who there own supreme court justices are. Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. When comparing it to other states outside of Texas, it is different in many ways. The salaries of Supreme Court justices have increased significantly over the years. There is even a special nomination called a senatorial courtesy. Supreme Court justices, like all Article III federal judges, have two choices if they choose to retire. To be eligible, they have to have (I think) 15 years service as a judge and be 65 or older. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Proudly powered by WordPress [23] The increasing partisanship of the process paints justices as political figures instead of nonbiased interpreters of the Constitution, which in turn negatively affects how Americans view the Court. In any case, considering such a change would likely require a constitutional amendment, which means its probably not going to happen anytime soon. He presented evidence demonstrating that in recent decades justices have tended to linger on the court longer than their predecessors, and argued that term limits would help return the Supreme Court to its historic norm of shorter terms. Explain your response. Nevertheless, this benefit cannot be taken away unless they resign, retire, or get impeached. Do you have knowledge or insights to share? There are few political appointments quite as important as a nomination to the U.S. Supreme Court. In the wake of this appointment, South Bend, Indiana, Mayor Pete Buttigieg, then also a 2020 presidential candidate, suggested expanding the court to 15 justices in the Oct. 15, 2019, Democratic presidential debate. Can Unvaccinated People Travel to France? [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. Becoming a Supreme Court justice is one of the most prestigious and influential positions in the United States. Though the U.S. Supreme Court has never had term limits before, there have recently been serious proposals to implement them. 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. elected by the people? Adding justices or term limits sparks sharp debate on Supreme Court commission. Therefore, term limits are necessary because newer judges can have a different point of view, mental health will be reduced, and the majority of Americans support term limits. Explain your response. elected by the people? But, why should term limits be implemented? {>y|sVyB=X7iFM?~?a&:[y$cv3Ev!cW@TY|fD)g'7|B[|h~+[K[I#%`(Rt}}Cvxb7B3a7S7*L(-V6@_V-s4CYsnYzCWf$ CS>d`gZG*1;S \gen`C~f0:OM@ *kSW'S@3e D(4,3kddH6fd@Q ';Sz{FP7JYy~T{q%8U:ta,l+ GM&g@,sy8mx"AM3`Ri. There are no Pros". The Con" is that it indulges, and, therefore encourages, whiny liberals who are having a tantrum because they lost control over the SCOTUS. Have any supreme court justices taken advantage of their lifetime appointments? PRO: No WebBy 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. An In-Depth Look, Are You Ready For a Miracle? 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., Thenumber of justiceson the Court, set at nine since the mid-19th century, has changed over the years. [6] Julia Manchester, Americans Tend to be in Favor of Term Limits for Most Institutions, says Pollster, The Hill (Sept. 27, 2018) https://thehill.com/hilltv/what-americas-thinking/408781-americans-tend-to-be-in-favor-of-term-limits-for-most. Some legal scholars argue that term limits may only be imposed through an amendment to the Constitution. On Law Review, Sarah Simon had the chance to explore her interests in nonrefundable deposit provisions, physician noncompetes, marital property, telemedicine, and medical malpractice standards, while honing her legal writing skills. For instance, the average salary for a member of Congress is around $174,000 per year. 2023 Minute Media - All Rights Reserved. What do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? But exactly how much does a Supreme Court justice get paid? By The salaries of Supreme Court justices have increased significantly over the years. Today, the average salary for a Supreme Court justice is over $250,000. Sarah hopes to become a transactional attorney and looks forward to perfecting her writing. In general, history has judged this to be a good thing. Performance is also taken into account when determining a Supreme Court justices salary. In Texas, judicial selection is carried out by partisan elections where voters get to choose the judges and justices. To avoid tyranny, the delegates divided the government into the executive, legislative and judicial branch. Though the requirement for good behavior presents the one exception to the lifetime term of a Court Justice, as can be implemented in law through Congressional impeachment, this option is rarely used and not often seriously considered. The point of giving justices a seat on the bench for the rest of their lives (or, more commonly nowadays, until they decide to retire) is to shield the nations highest court from the kind of partisan fighting the Chase impeachment exemplified. [1] Justice Ginsburgs sudden death after serving 27 years on the Supreme Court has reignited a popular debate: Should the Supreme Court have term limits? Thats because, under the Constitution, Supreme Court justices have lifetime tenure unless they resign, retire, or are removed from office. This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. So, why not in the United States? Life tenure being a benefit that not even the president is able to get. Federal Judges are nominated base usually on their ideologies and how they match up with the current presidential goals and vacancies that need to be filled., Assess the view that the Supreme Court was the most important branch of the federal government in assisting African Americans achieve their civil rights in the period 1865-1992, Decisions of the United States Supreme Court have had a significant impact on the nation. Some have called the impending nomination to replace Ginsburg and the 2016/2017 events a version of court packing by Republicans. It is also one of the highest-paying jobs in the country. It's a question many have about the U.S.'s highest courtand the rationale dates back to America's founding. There are nonpartisan statewide elections to choose justices for ten-year terms. Do you think the Court would be improved if we instituted some term limits on the justices? This form of judicial selection has many advantages as well as some disadvantages., Objective: Examine the potential impact on judicial independence that results from the election of judges versus the appointment of judges., Federal Judges are nominated by the president in accordance with Article II of the Constitution. Therefore, a second proposal of, The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. While the executive and legislative branches are elected by the people, judges under the Judicial Branch are appointed by the president and approved by the Senate. [6] Although there is public support for term limits, enacting them is more complicated. If a Republican is elected president, the court could continue to issue decisions that are favorable to conservatives in the many cases it hears. [13] Fix the Court, Term Limits, Fix the Court (2020) https://fixthecourt.com/fix/term-limits/. Justices who have a strong record of upholding the law and making sound legal decisions may be rewarded with higher salaries. All through rare, these special nominations almost always get approved (How Judges and Justices Are Chosen, n.d.). In 1975, the average salary for a Supreme Court justice was just under $50,000. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent branch of government. [25] If confirmed, Judge Barret would be the youngest member of the current Court; id. PRO: No Problems With Mental "Decrepitude" CON: More Money & Lack Of Independence. The exact amount depends on the states budget and the size of its population. Court packing is increasing the number of seats on a court to change the ideological makeup of the court. His religious background is a bit unusual, he grew up Roman Catholic and attended weekly mass with his siblings but now he attended an Episcopal Church. Though he accepts that life tenure has been established as a common good in the past, he feels that the interpretation of the clause ought to be updated. This lack of a term limit was first implemented during the tenure of John Marshall, the fourth Chief Justice, to indicate that Court Justices could remain on the bench for the remainder of their lives, as did Marshall. The nominees are confirmed or denied by the checks and balances of the Senate. WebWhat do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? [9] Kalvis Golde, House Democrats to Introduce New Bill for Supreme Court Term Limits, SCOTUSblog (Sept. 24, 2020) https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/. July 16, 2018 8:17 AM EDT. The size of the court has sometimes been subject to political manipulation; for example, in 1866 Congress provided for the gradual reduction (through attrition) of the court to seven justices to ensure thatPresident Andrew Johnson, whom the House of Representatives later impeached and the Senate only narrowly acquitted, could not appoint a new justice. Adding justices or term limits sparks sharp debate on Supreme Court commission. Presidents wouldnt get to appoint justices purely based on whether someone died while they were in office, and the stakes for political parties nominating a justice would be slightly lower, possibly leading presidents and Congress to compromise more on appointments. The Act would balance the number of justices that each president can nominate, which would help the confirmation process become less partisan. Second, cell phones must be turned off and put away. Unlock new opportunities and expand your reach by joining our authors team. He asserts that the good behavior clause in Article iii of the constitution is not clearly spelled out and is therefore subject to interpretation. This article was published on January 20, 2022, at Britannicas ProCon.org, a nonpartisan issue-information source. By 2000, the average salary had increased to more than $150,000. Supreme Court justices are more powerful than most of the kings and dictators in the present world, according to Shadow Mountain Community Church lead pastor Dr. David Jeremiah. He has the typical high educational degree background any Supreme Court justice has. v&jD& :N ;72j0FIO]Ph7dt$.>9Wv59.P g)HK9@3`M~i,+ L`V14E6AcHLOHzR/'7QknS0Dm^sN06d&[5Bnt`V70|4sql`$`hyiJ~1Vel:2T 70tzfVvo68[~xtO7Pg~N8(K`2R3NeX]'zKW]W-05-T;Esi gq8zyo3vj?ia{xt'_ou,,$; Levingston reasons that in spite of judges' terms of service, they "cannot be removed from office for partisan political reasons [;] so long as the judges behavior is within the range viewed as good, that is uncorrupted then they are protected against losing their positions" (Levingson, p.126). Court justices have life-time terms and the fact that they are NOT Part II will discuss the constitutionality of term limits. [2] Nina Totenberg, Justice Ruth Bader Ginsburg, Champion of Gender Equality, Dies At 87, NPR (Sept. 18, 2020) https://www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87. Nonetheless, legal scholars and political scientists increasingly question whether life tenure remains a good idea. https://reason.com/2020/09/18/justices-who-died-in-ofice/, https://www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87, 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, https://thehill.com/hilltv/what-americas-thinking/408781-americans-tend-to-be-in-favor-of-term-limits-for-most, https://www.politico.com/news/magazine/2020/09/24/supreme-court-reform-ideas-term-limits-rbg-age-packing-421203, https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/, https://www.mcall.com/news/mc-xpm-1987-06-28-2569915-story.html#:~:text=Life%20expectancy%20in%20the%20America,years%20for%20a%20white%20male, https://www.cdc.gov/nchs/fastats/life-expectancy.htm, https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/, https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm, https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html, https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now, Failure to Accommodate Divergent Views: The Supreme Court on the ACA, Contraception, and Religion. 7 Pros & Cons Of Supreme Court Justice Term Limits For You To Consider PRO: Judges Of All Ages Might Be Nominated. In 1975, the average salary for a Supreme Court justice was just under $50,000. Purpose of Lifetime Appointment and Pros and Cons. CON: It Doesn't Solve All The Problems. Plus, as Glock points out, a then new law reducing Supreme Courtpensionswas preventing retirements at the very time Roosevelt was calling for them. Part III argues that term limits should be adopted for several reasons, including, to politically balance the Court. Web7 Pros & Cons Of Supreme Court Justice Term Limits For You To Consider PRO: Judges Of All Ages Might Be Nominated. When they decide to retire, they can either take senior status or they can retire. Legitimacy refers to the Courts ability to resolve disputes in ways people find acceptable even if they dont like the decision.[18] Term limit critics argue life terms insulate justices from political pressure, which protects the Courts legitimacy. 2003-2023 Chegg Inc. All rights reserved. Would the Court be any better if we the people were able to Currently, President Trump is attempting to get his third nominee, Judge Amy Coney Barret, confirmed to the Court. 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. Justices who are appointed by Democratic presidents are often criticized as too liberal in their interpretations of the law, while justices who are appointed by Republican presidents are often criticized as being too (Note: Is this article not meeting your expectations? WebThe statue Contemplation of Justice stands on the steps of the U.S. Supreme Court on June 15, 2020, in Washington, D.C. (Getty/Chip Somodevilla) "I do think that if there were a l Referencing his prior service as deputy solicitor general, Merrill suggested that with or without term limits the Supreme Court might be too rarified and insulated to afford the American citizenry a voice in the judicial process. A host of Supreme Court justices chose to retire over the years. Chief 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 BACKGROUND. The Supreme Court has no set term limit for justices. At times, however, the judicial leanings of Court Justices prove Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional Student and Practitioner Legal Scholarship Online, Sarah Simon, Associate Member, University of Cincinnati Law Review, Justices on the Supreme Court are appointed for life. Under this proposal a judge would serve a term of ten years; after ten years the Justice would be eligible for re-appointment by the President upon approval of the Senate. Additionally, the position of the justice on the bench can also affect their salary. Justices of the United States Supreme Court are appointed by the sitting president. Furthermore, the state in which the justice is appointed can also affect their salary. An impending issue currently involves the terms of the U.S. Supreme Court Justices. The statue Contemplation of Justice stands on the steps of the U.S. Supreme Court on June 15, 2020, in Washington, D.C. (Getty/Chip Somodevilla) "I do think that if there were a l And also to protect our Supreme Judges from political pressure. Some data, for instance, suggests that many justices actually drift leftward as they age. This proposal has the benefit of limiting a Justices time on the bench, but that is outweighed by the proposals flaws. If a Democrat is elected president, the court could shift towards a more liberal direction. TheUnited States Constitutiondoes not dictate the number of justices on theSupreme Court, but states only: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. term limits on the justices? The post Why Do Supreme Court Justices Serve for Life? Congress can override the decision after it has been reviewed by both Houses. Jeremiah said 25 million registered evangelical voters did this in 2012, and they should now know better than to do it again. Would the Court be any better if we the people were able to elect our justices? Third, people must be quiet while court is in session. Another issue that has been raised in the mental capacities of a Supreme Court Justice becoming diminished with age. In other states, such as Texas, Supreme Court justices earn around $200,000 per year. Click Registration to join us and share your expertise with our readers.). People would want to chose who there own supreme court justices are. The term of a judge or justice is never fixed; instead, they serve until they die, retire, or are convicted by the Senate. Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. The essential purpose behind lifetime designation of our Supreme Court is to guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. [12] Therefore, implementing term limits by statute would still be consistent with the Framers intent. The effects of their decisions have ranged from improving the status of certain ethnic groups to limiting the procedures of law enforcers and clearly defining the rights of lawbreakers. Then, where does that leave the idea the that no case is prejudged? The basic purpose of lifetime appointment is toassure the integrity of the power granted to Court Justices and protect them against unwarranted interference from either the legislative or executivebranch. For years many citizens and government officials have fought to reform the system. Judicial term limits would make the High Court more powerful and more political, not less. Pros Supreme Court Justice Pros And Cons lifetime designation of our Supreme Court is to guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. Supreme Court justices are compensated with a competitive salary, as well as a number of other benefits. At least 1000 words. [10] Frank Whelan, In the America of 1787, Big Families are the Norm and Life Expectancy is 38, The Morning Call (June 28, 1987) https://www.mcall.com/news/mc-xpm-1987-06-28-2569915-story.html#:~:text=Life%20expectancy%20in%20the%20America,years%20for%20a%20white%20male. Historical precedent allows for more than nine Supreme Court Justices, and there are no laws against having more than nine. [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. Although few Democrats today would agree with Justice Scalias opinions, he was confirmed 98-0 in 1986. WebPros of the current system: The Founding Fathers thought it would liberate the judgment of the justices, by having them serve for life or voluntary retirement and neither run for re The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. [1] Josh Blackman, Justices Who Died in Office, Volokh Conspiracy(Sept. 18, 2020) https://reason.com/2020/09/18/justices-who-died-in-ofice/. By 2000, the average salary had increased to more than $150,000. What do you see as the pros and cons of the fact that Supreme One popular suggestion among political analysts and scholars is to impose an 18-year term limit, though critics note that that particular plan does bring up the potential that at some point, a single president could end up appointing the majority of the justices on the court. If they do not do a fair job with good behavior they can be impeached and hold accountable for there actions. Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. Nevertheless, this benefit cannot Why You Need a Financial Advisor: Benefits of Having an Expert Guide You Through Your Finances. https://www.britannica.com/story/pro-and-con-court-packing. While the majority of Americans support term limits, another important question must be addressed: How should term limits be effectuated? Judges hold their seats until they resign, die, or are removed from office., Although their are pro's and con's for each argument, I believe that it is better for the country to have no term limits on supreme court justices. First, the Act should be adopted to politically balance the Court by giving each president an equal amount of nominations. This difference in pay can be attributed to the fact that Supreme Court justices are appointed for life, while members of Congress are only elected for a fixed term. This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. First, food and drink are not allowed in the courtroom. 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.. WebWhat do you see as the pros and cons of the fact that the Supreme Court justices have life time terms and the fact that they are not elected by the people?Do you think the court These include health insurance and retirement plans, as well as access to exclusive clubs, events, and seminars.

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