The Supreme Court just shut off Trump allies' strategy to overturn presidential elections
1 year, 5 months ago

The Supreme Court just shut off Trump allies' strategy to overturn presidential elections

Raw Story  

The Supreme Court's 6-3 ruling in Moore v. Harper, rejecting a fringe legal theory that that could have given state legislatures a blanket right to ignore state courts on election and redistricting issues and pass unrestricted rigged legislative maps, was met with a collective sigh of relief by voting rights advocates across the country. "The Supreme Court said clearly that state legislatures do not have unlimited authority and that in most instances state courts, as had been traditionally understood, can weigh in," reported Lawrence Hurley. Moreover, "independent state legislature theory," noted Hurley, was actively championed by some of the same activists who tried to throw out the election: "Conservative lawyer Eastman had embraced the theory as part of his widelydiscredited argument that then-Vice President Mike Pence had the power to refuse to certify the 2020 presidential election results," even citing the so-called "plenary power" of the legislatures in his infamous memo outlining how to overturn the election. "Andrew Grossman, a conservative lawyer who filed a brief at the Supreme Court urging it to overturn the Pennsylvania court ruling in 2020, said the new ruling made it clear that 'there are going to be some limits' on state courts," said the report.

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History of this topic

Why the Supreme Court May Not Decide the 2024 Election After All
54 years, 11 months ago

Why the Supreme Court May Not Decide the 2024 Election After All

Slate  

Some have speculated that the Supreme Court has kept its fall schedule light in case it decides to take up litigation that could affect the outcome of the 2024 presidential election. After the state Supreme Court threw out that case on technical grounds, voting rights advocates filed a new suit directly in the state Supreme Court, asking it to take …

US Supreme Court sends Arkansas redistricting case back to judges after South Carolina ruling
6 months, 2 weeks ago

US Supreme Court sends Arkansas redistricting case back to judges after South Carolina ruling

Associated Press  

The Supreme Court on Monday sent a lawsuit challenging Arkansas’ 2021 U.S. House map back to a three-judge panel, ordering it to review the suit in light of the high court’s decision against similar claims of bias in a redistricting case from South Carolina. A three-judge panel last year dismissed the suit, which claimed the redrawn map violated the U.S. …

Partisan struggles getting intensive in Washington
9 months, 2 weeks ago

Partisan struggles getting intensive in Washington

China Daily  

The US Supreme Court. To prevent Trump from making a political comeback, the Democratic-leaning Citizens for Responsibility and Ethics in Washington filed lawsuits in multiple state supreme courts, citing Trump's alleged incitement of the Jan 6, 2021"Capitol Hill riot" as grounds to prevent him from participating in the Republican Party primaries in those states. Some constitutional experts believe that the …

Supreme Court’s Colorado ballot decision exposes the lie behind conservatives’ claims of textualism
9 months, 2 weeks ago

Supreme Court’s Colorado ballot decision exposes the lie behind conservatives’ claims of textualism

Salon  

In overturning the Colorado Supreme Court’s disqualification of Donald Trump from the ballot, the Supreme Court conveniently ducked its responsibility and covered Section 3 of the 14th Amendment in about six feet of concrete. Knowing that Congress will do nothing before the election if ever, the court held that the Section wasn’t “self-executing”—Congress would have to set up rules. Yet, …

Nakedly partisan Supreme Court lets Trump dance above the law
9 months, 3 weeks ago

Nakedly partisan Supreme Court lets Trump dance above the law

Raw Story  

On Wednesday, the Supreme Court decided to hear Donald Trump’s claim that he — or any president — is immune from criminal prosecution. Given that SCOTUS decided Bush v. Gore in a matter of days, deciding the 2000 presidential election in Bush’s favor, the Supreme Court’s delay on Trump’s behalf appears intentional. Justice Clarence Thomas apparently did not recuse himself …

Trump vs Colorado: Could US Supreme Court stop him running for office?
10 months, 2 weeks ago

Trump vs Colorado: Could US Supreme Court stop him running for office?

Al Jazeera  

Donald Trump’s challengers are seeking to use a post-civil war law to bar him from the November presidential election. The US Supreme Court on Thursday began hearings about Donald Trump’s eligibility for the presidency in a historic case that could either boost the former president’s reelection campaign or see him kicked off the list of candidates for the upcoming November …

Federal appeals court won’t revisit ruling that limits scope of Voting Rights Act
10 months, 3 weeks ago

Federal appeals court won’t revisit ruling that limits scope of Voting Rights Act

Associated Press  

— A federal appeals court on Tuesday declined to reconsider its decision that would prevent private groups from suing under a key section of the Voting Rights Act, prompting a potential fight before the U.S. Supreme Court over a ruling that civil rights groups say erodes the law aimed at prohibiting racial discrimination in voting. Circuit Court of Appeals after …

Lawyers for Trump urge the Supreme Court ‘to put a swift and decisive end’ to ballot removal efforts
11 months ago

Lawyers for Trump urge the Supreme Court ‘to put a swift and decisive end’ to ballot removal efforts

Associated Press  

WASHINGTON — Lawyers for former President Donald Trump on Thursday urged the Supreme Court “to put a swift and decisive end” to efforts to kick him off the 2024 presidential ballot over his efforts to overturn his 2020 election loss. In a written filing, Trump’s lawyers called on the court to reverse a first-of-its-kind Colorado Supreme Court decision that said …

Supreme Court agrees to rule soon on whether Trump is barred from running for president
11 months, 2 weeks ago

Supreme Court agrees to rule soon on whether Trump is barred from running for president

LA Times  

Insurrectionists loyal to President Trump rally outside the U.S. Capitol on Jan. 6, 2021. The Supreme Court announced Friday that it will decide on a fast-track basis whether former President Trump can be barred from the 2024 ballot because he “engaged in insurrection” after losing his reelection bid in November 2020. The justices granted an appeal from Trump and his …

Trump asks U.S. Supreme Court to review Colorado ruling barring him from the ballot over Capitol attack
11 months, 2 weeks ago

Trump asks U.S. Supreme Court to review Colorado ruling barring him from the ballot over Capitol attack

The Hindu  

Former President Donald Trump on Wednesday asked the U.S. Supreme Court to overturn a ruling barring him from the Colorado ballot, setting up a high-stakes showdown over whether a constitutional provision prohibiting those who “engaged in insurrection” will end his political career. “The Colorado Supreme Court decision would unconstitutionally disenfranchise millions of voters in Colorado and likely be used as …

Colorado GOP asks Supreme Court to overturn Trump’s ballot removal
11 months, 3 weeks ago

Colorado GOP asks Supreme Court to overturn Trump’s ballot removal

The Independent  

Sign up for the daily Inside Washington email for exclusive US coverage and analysis sent to your inbox Get our free Inside Washington email Get our free Inside Washington email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Colorado Republicans are asking the US Supreme Court to reverse …

Wisconsin Supreme Court Hearing Arguments On Redistricting That Could Result In New Maps For 2024
1 year, 1 month ago

Wisconsin Supreme Court Hearing Arguments On Redistricting That Could Result In New Maps For 2024

Huff Post  

FILE - A man walks by the Wisconsin Capitol, Oct. 10, 2012, in Madison, Wis. Supporters of Wisconsin's taxpayer-funded school choice and independent charter school programs urged the Wisconsin Supreme Court, which is located inside the state Capitol, on Tuesday, Nov. 14, 2023, to reject a lawsuit seeking to declare the programs unconstitutional, saying such a move would create chaos …

Legal fights over voting districts could play role in control of Congress for 2024
1 year, 3 months ago

Legal fights over voting districts could play role in control of Congress for 2024

Associated Press  

Democrats got a potential boost for the 2024 congressional elections as courts in Alabama and Florida ruled recently that Republican-led legislatures had unfairly diluted the voting power of Black residents. Another trial alleging racial violations in voting districts got underway Tuesday in Georgia, where Democrats also hope to make gains, while voting rights advocates in Ohio decided to drop a …

Supreme Court directs Ohio’s top court to take another look at redistricting lawsuit
1 year, 5 months ago

Supreme Court directs Ohio’s top court to take another look at redistricting lawsuit

Associated Press  

The Ohio Supreme Court will take yet another look at the legality of the state’s congressional districts after the U.S. Supreme Court on Friday set aside a ruling striking down the districts and ordered further consideration of the case. In both Ohio and North Carolina, Republican state lawmakers contended in appeals that their state’s highest court had gone too far …

Supreme Court rejects novel legislative theory but leaves a door open for 2024 election challenges
1 year, 5 months ago

Supreme Court rejects novel legislative theory but leaves a door open for 2024 election challenges

Associated Press  

The U.S. Supreme Court shot down a controversial legal theory that could have changed the way elections are run across the country but left the door open to more limited challenges that could increase its role in deciding voting disputes during the 2024 presidential election. The court’s 6-3 ruling Tuesday drove a stake through the most extreme version of the …

Supreme Court rejects novel legislative theory, but leaves door open for 2024 election challenges
1 year, 5 months ago

Supreme Court rejects novel legislative theory, but leaves door open for 2024 election challenges

The Independent  

Sign up for the daily Inside Washington email for exclusive US coverage and analysis sent to your inbox Get our free Inside Washington email Get our free Inside Washington email SIGN UP I would like to be emailed about offers, events and updates from The Independent. The court found that state courts still must act within “ordinary bounds” when reviewing …

John Roberts Has Wrested Back Control of the Supreme Court
1 year, 5 months ago

John Roberts Has Wrested Back Control of the Supreme Court

Slate  

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. So it was with Moore v. Harper, Roberts’ 6–3 decision on Tuesday rejecting the “independent state legislature” theory devised to subvert voting rights. That’s unsurprising, Roberts noted, since legislatures are “mere creatures of the state constitutions, and cannot be greater than their creators.” …

Supreme Court rejects GOP in North Carolina case that could have reshaped elections beyond the state
1 year, 5 months ago

Supreme Court rejects GOP in North Carolina case that could have reshaped elections beyond the state

Associated Press  

WASHINGTON — The Supreme Court ruled Tuesday that state courts can curtail the actions of their legislatures when it comes to federal redistricting and elections, rejecting arguments by North Carolina Republicans that could have dramatically altered races for Congress and president in that state and beyond. The practical effect of Tuesday’s decision is minimal in North Carolina, where the state …

Justices skeptical of elections case that could alter voting
2 years ago

Justices skeptical of elections case that could alter voting

Associated Press  

WASHINGTON — The Supreme Court on Wednesday seemed skeptical of making a broad ruling that would leave state legislatures virtually unchecked in making rules for congressional and presidential elections. Republicans from North Carolina who brought the case to the high court argue that a provision of the U.S. Constitution known as the elections clause gives state lawmakers virtually total control …

Op-Ed: The ominous way the Supreme Court could change our elections
2 years ago

Op-Ed: The ominous way the Supreme Court could change our elections

LA Times  

At the oral argument for Moore vs. Harper, most conservative justices expressed support for a theory which is at odds with basic principles of American government. If the Supreme Court were to accept the independent state legislature theory, then no court could invalidate partisan gerrymandering, however extreme. The potential implications of the Supreme Court’s accepting the independent state legislature theory …

US Supreme Court hears case to determine authority over elections
2 years ago

US Supreme Court hears case to determine authority over elections

Al Jazeera  

Republican politicians advance theory that could shift power away from courts in determining election rules and maps. Referring to the US Constitution’s language on elections, Alito said: “Under any circumstances, no matter what we say the ‘Elections Clause’ means, Congress can always come in and establish the manner of conducting congressional elections.” “The reason we have a case is the …

EXPLAINER: How Supreme Court case could alter US House seats
2 years ago

EXPLAINER: How Supreme Court case could alter US House seats

Associated Press  

Partisan gerrymandering is back before the U.S. Supreme Court in a case stemming from the latest attempt by North Carolina’s Republican-led legislature to draw U.S. House districts favoring GOP candidates. The lawsuit against the U.S. House districts enacted by the Republican-led Legislature cites the state constitution’s guarantee of “free and equal” elections. OTHER COURT CASES The outcome of the North …

Supreme Court weighs ‘most important case’ on democracy
2 years ago

Supreme Court weighs ‘most important case’ on democracy

Associated Press  

WASHINGTON — The Supreme Court is about to confront a new elections case, a Republican-led challenge asking the justices for a novel ruling that could significantly increase the power of state lawmakers over elections for Congress and the presidency. The Republican leaders of North Carolina’s legislature told the Supreme Court that the Constitution’s “carefully drawn lines place the regulation of …

'An existential threat': Legal expert breaks down the Supreme Court case that could radically reshape US elections
2 years ago

'An existential threat': Legal expert breaks down the Supreme Court case that could radically reshape US elections

Raw Story  

On Wednesday, December 7, the U.S. Supreme Court is scheduled to hear oral arguments in Moore v. Harper, a case that deals with partisan gerrymandering and redistricting in North Carolina as well as a far-right legal idea known as the independent state legislature theory. “The GOP lawmakers are now challenging that ruling before the Supreme Court, arguing that, under the …

How the Supreme Court controlled the midterms
2 years, 1 month ago

How the Supreme Court controlled the midterms

Raw Story  

Midterms are over and we have the results. The other thing that’s clear is that elections are being determined by Supreme Court Abortion was the second most important issue for people in midterms according to exit polls, only a few points behind inflation. Vermont voters passed an initiative to amend the state constitution to ensure a right to “personal reproductive …

The Supreme Court’s Hands Are All Over The 2022 Midterm Election Results
2 years, 1 month ago

The Supreme Court’s Hands Are All Over The 2022 Midterm Election Results

Huff Post  

LOADING ERROR LOADING If Republicans win control of the House by just a handful of seats or less, they will owe their slim majority to the Republican-appointed justices on the Supreme Court. In a series of election law cases, including one yet to be decided, the court’s conservative justices authorized partisan gerrymandering and effectively gutted the Voting Rights Act’s protections …

These Supreme Court cases could kill what remains of US democracy
2 years, 2 months ago

These Supreme Court cases could kill what remains of US democracy

Al Jazeera  

In recent years, the United States Supreme Court has dutifully laboured to erode the protections guaranteed under the 1965 Voting Rights Act, a civil rights era milestone that aimed to safeguard minority voters from racial discrimination. One of the high-profile cases that the Supreme Court is currently hearing deals with Alabama’s congressional redistricting map, which was implemented by that state’s …

Supreme Court to consider case that could radically reshape the country’s elections
2 years, 2 months ago

Supreme Court to consider case that could radically reshape the country’s elections

Raw Story  

The U.S. Supreme Court could soon grant state legislatures unconditional control over federal elections, clearing the way for lawmakers to gerrymander their states with impunity and pass voter restriction measures without interference from state courts. If the nation’s highest court rules in favor of allowing the gerrymandered map, it may do so based on a novel argument — the so-called …

Criticism over latest NC redistricting back at Supreme Court
2 years, 2 months ago

Criticism over latest NC redistricting back at Supreme Court

Associated Press  

RALEIGH, N.C. — North Carolina’s Supreme Court returned to the state’s recent divisive round of redistricting on Tuesday, as justices heard further challenges to General Assembly and congressional district lines getting used for next month’s elections. In a 4-3 decision, the court’s Democratic justices declared that partisan gerrymandering violates the state constitution and that the congressional and legislative lines approved …

Here are the major cases before the Supreme Court this fall
2 years, 2 months ago

Here are the major cases before the Supreme Court this fall

LA Times  

Here’s a look at some of the major cases to be heard by the Supreme Court in the term beginning Oct. 3. Since the 1978 case Regents of the University of California vs. Bakke, the court has held that colleges and universities may consider race as a “plus factor” for Black and Latino applicants to create a more diverse class. …

The Supreme Court can’t escape the 2020 presidential race and is already involved in 2024 politics
2 years, 3 months ago

The Supreme Court can’t escape the 2020 presidential race and is already involved in 2024 politics

CNN  

CNN — An obscure legal theory promoted by allies of former President Donald Trump during the effort to overturn the 2020 presidential election will soon have its day before the Supreme Court. The state court acknowledged that redistricting is primarily delegated to the legislature but said it must be performed in “conformity with the State Constitution.” The Republican lawmakers appealed …

Supreme Court to hear case on state authority over elections
2 years, 5 months ago

Supreme Court to hear case on state authority over elections

Associated Press  

The U.S. Supreme Court on Thursday agreed to hear a case that could dramatically change the way elections for Congress and the presidency are conducted by handing more power to state legislatures and blocking state courts from reviewing challenges to the procedures and results. Taken to its extreme, it would be a radical reworking of our system of running elections.” …

Justices seem poised to hear elections case pressed by GOP
2 years, 6 months ago

Justices seem poised to hear elections case pressed by GOP

Associated Press  

WASHINGTON — The Supreme Court seems poised to take on a new elections case being pressed by Republicans that could increase the power of state lawmakers over races for Congress and the presidency, as well as redistricting, and cut state courts out of the equation. Already, four conservative Supreme Court justices have noted their interest in deciding whether state courts, …

Republicans Look To Cut Off Legal Paths To Challenge Partisan And Racial Gerrymandering
2 years, 8 months ago

Republicans Look To Cut Off Legal Paths To Challenge Partisan And Racial Gerrymandering

Huff Post  

Republicans want the Supreme Court to rule against the remaining paths for challenging partisan gerrymandering and racially discriminatory district maps. “Their best defense right now is for those who decide what the law is to change the law.” The Move To State Courts In Rucho v. Common Cause, the Supreme Court’s conservative justices ruled that federal courts are not the …

Court rejects GOP redistricting plans in NC, Pennsylvania
2 years, 9 months ago

Court rejects GOP redistricting plans in NC, Pennsylvania

Associated Press  

WASHINGTON — In a victory for Democrats, the Supreme Court has turned away efforts from Republicans in North Carolina and Pennsylvania to block state court-ordered congressional districting plans. In separate orders late Monday, the justices are allowing maps selected by each state’s Supreme Court to be in effect for the 2022 elections. The justices provided no explanation for their actions, …

The Supreme Court Just Came Perilously Close to Blowing Up Federal Elections
2 years, 9 months ago

The Supreme Court Just Came Perilously Close to Blowing Up Federal Elections

Slate  

The Supreme Court will not overturn a century of pro-democracy precedent and two centuries of historical practice to give state legislatures unlimited power over elections—yet. The court refused to block new congressional maps drawn by the high court of each state, declining—for now—to embrace a radical theory rejecting state courts’ authority over election law. But conservative scholars have devised a …

As maps fall, GOP tries to neutralize state supreme courts
2 years, 9 months ago

As maps fall, GOP tries to neutralize state supreme courts

Associated Press  

DENVER — Repeatedly stymied by local courts in their efforts to draw maps that make it easier for their party to win elections, Republicans are trying to neutralize the ability of state supreme courts to interfere in the politically-charged redistricting process. On Friday afternoon, Republican lawmakers in North Carolina asked the U.S. Supreme Court to restore their old map, which …

Republicans May Revive the Most Dangerous Kind of Gerrymandering
54 years, 11 months ago

Republicans May Revive the Most Dangerous Kind of Gerrymandering

Slate  

Across the country, legislators are carving up their states along political and racial lines to create new districts for the 2022 election. South Carolina’s legislative and congressional districts indisputably violate one person, one vote. The Supreme Court finally put a stop to this anti-democratic state of affairs in Reynolds and Wesberry, ruling that constitutional principles of equality require one person, …

Justices reject rules fast-tracking redistricting lawsuits
3 years, 7 months ago

Justices reject rules fast-tracking redistricting lawsuits

Associated Press  

MADISON, Wis. — The Wisconsin Supreme Court on Friday rejected a Republican request that all state redistricting lawsuits start in the high court. Conscious of their advantage, Republican legislative leaders and allied groups, including Wisconsin Manufacturers and Commerce, the state’s largest business group, asked the court last year to draft rules that call for all redistricting challenges to begin with …

US Supreme Court rejects Texas suit seeking to subvert Biden's victory; 'we’re not finished,' says Trump team
4 years ago

US Supreme Court rejects Texas suit seeking to subvert Biden's victory; 'we’re not finished,' says Trump team

Firstpost  

Washington: The Supreme Court on Friday rejected a lawsuit by Texas that had asked the court to throw out the election results in four battleground states that US president Donald Trump lost in November, ending any prospect that a brazen attempt to use the courts to reverse his defeat at the polls would succeed. “I think this will end up …

US Supreme Court rejects lawsuit to overturn presidential election results
4 years ago

US Supreme Court rejects lawsuit to overturn presidential election results

The Hindu  

The U.S. Supreme Court has rejected a lawsuit filed by Texas, along with 17 other States, and backed by President Donald Trump seeking to overturn the results of the presidential elections in several key battleground States won by Democratic candidate Joe Biden who now is the President-elect. All other pending motions are dismissed as moot, the Supreme Court said in …

Supreme Court shoots down scheme by Texas and Republicans to overturn the 2020 election
4 years ago

Supreme Court shoots down scheme by Texas and Republicans to overturn the 2020 election

Raw Story  

President Donald Trump has lost in court once again. "The Supreme Court on Friday rejected an audacious lawsuit by Texas that had asked the court to throw out the presidential election results in four battleground states captured by President-elect Joseph R. Biden Jr.," The New York Timesreported Friday. "The court, in a brief unsigned order, said Texas lacked standing to …

GOP-led Ohio asks Supreme Court to take Trump election case
4 years ago

GOP-led Ohio asks Supreme Court to take Trump election case

Associated Press  

COLUMBUS, Ohio — Ohio on Thursday weighed in to ask the Supreme Court to take the case that seeks to overturn the outcome of the 2020 presidential election won by Democrat Joe Biden. In an amicus brief, Republican Ohio Attorney General Dave Yost urged the U.S. Supreme Court to accept the lawsuit led by his GOP counterpart in Texas, Attorney …

Supreme Court says no to first and probably last high court appeal of 2020 presidential election
4 years ago

Supreme Court says no to first and probably last high court appeal of 2020 presidential election

LA Times  

President Trump had predicted that the Supreme Court would finally decide who won this year’s presidential election, but if so, he lost again on Tuesday. Without comment or dissent, the high court turned away the first appeal from Trump supporters to reach the high court, a claim by several Pennsylvania Republicans who said the state’s election results should not be …

Judge Dismisses Trump Campaign's Bid To Delay Vote Certification In Pennsylvania
4 years, 1 month ago

Judge Dismisses Trump Campaign's Bid To Delay Vote Certification In Pennsylvania

NPR  

Judge Dismisses Trump Campaign's Bid To Delay Vote Certification In Pennsylvania Enlarge this image toggle caption Gene J. Puskar/AP Gene J. Puskar/AP A federal judge handed the Trump campaign a definitive loss on Saturday in its final attempt to delay the certification of votes in Pennsylvania, where President-elect Joe Biden leads by more than 81,000 votes. In a blistering decision, …

Trump faces tough road in getting Supreme Court to intervene
4 years, 1 month ago

Trump faces tough road in getting Supreme Court to intervene

Associated Press  

WASHINGTON — President Donald Trump has repeatedly said there’s one place he wants to determine the outcome of the presidential election: the U.S. Supreme Court. But to overturn the election result, Trump would appear to have to persuade courts, including perhaps the Supreme Court to set aside votes in two or more states. In the early morning hours following Election …

Doanld Trump’s road to the Supreme Court won’t be as quick as he wants
4 years, 1 month ago

Doanld Trump’s road to the Supreme Court won’t be as quick as he wants

Live Mint  

Donald Trump said he will go to the U.S. Supreme Court because he wants “all voting to stop,” as he tries to hold on to early election leads in key battleground states. “We want the law to be used in a proper manner.” Biden’s campaign said it had legal teams ready to counter any lawsuits brought by the Republican Party. …

Trump promises court fight over Pennsylvania absentee votes
4 years, 1 month ago

Trump promises court fight over Pennsylvania absentee votes

Associated Press  

WASHINGTON — President Donald Trump and his reelection campaign are signaling they will pursue an aggressive legal strategy to try to prevent Pennsylvania from counting mailed ballots that are received in the three days after the election. Over the weekend, he continued to rail against absentee ballots, frustrated by a Supreme Court ruling that didn’t deliver a clear GOP win, …

The Supreme Court’s Conservatives Sure Are Pushing Some Crazy Legal Theories Lately
54 years, 11 months ago

The Supreme Court’s Conservatives Sure Are Pushing Some Crazy Legal Theories Lately

Slate  

series is made possible by the support of Slate Plus members and readers like you. A Pennsylvania statute disqualifies ballots that come in after election night; the Pennsylvania Supreme Court, however, found that this rule violates the state constitution in light of the pandemic, combined with the Postal Service slowdown. In fact, the Supreme Court has long held that legislatures …

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