One of the most notable benefits of 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. But, I believe this can still be done by setting an specific time for the judge to leave the position and therefore, I believe it is unnecessary for judges to hold their position for lifetime. 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 Then largely brushed aside as radical, the topic resurfaced once again upon the death of liberal stalwartAssociate Justice Ruth Bader Ginsburgon Sep. 18, 2020. [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. Citing the upcoming 2016 election,Senate Majority Leader Mitch McConnell(R-KY) refused to considerPresident Barack Obamasliberal Supreme Court nominee, Merrick Garland. Part IV concludes by acknowledging the political control of the Senate could prevent the term limits bill from being passed. Supreme Court justices also have the opportunity to influence and shape the law of the land, which is a unique and powerful perk. `2lM q$'Uw* Thanks to increased lifespans, justices appointed in the next century are expected to sit on the Supreme Court for an average of 35 years, compared to the average of around 16 years that judges served in the past. Also Plessy v. Ferguson in 1896 played an important role in history., Before the election, if President Obama was not able to get the Senate to approve his United States Supreme Court applicant, the next president would potentially be responsible for filling the vacant spots on the court over the term due to possible retirements and deaths. In any case, considering such a change would likely require a constitutional amendment, which means its probably not going to happen anytime soon. Life tenure being a benefit that not even the president is able to get. [21] U.S. Senate, Supreme Court Nominations (1789-Present) https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm. In addition, they can serve there whole life for unlimited years meaning they potitionaly could become lazy in there duties and corrupt. {>y|sVyB=X7iFM?~?a&:[y$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. Explain your response. [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/. An In-Depth Look, Are You Ready For a Miracle? Earl Warren was the 14th chief justice of the Supreme Court and saw some of the most important cases in the history of the United States and many are still in effect today. }ks8i=v{'$I{bw;5HHbLj>hUUV2d Ar$?zR;iKH}!$d_gBuX&D^_ON5F8U@ 6t\E98tQ0#a38R7}8A{q=FyCZ%Ln{kV{qP a"' Do you think the Court would be improved if we instituted some This article was published on January 20, 2022, at Britannicas ProCon.org, a nonpartisan issue-information source. 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. His ruling on Gideon v. In this regard, proponents have cited Alexander Hamiltons declaration in the Federalist Papers that nothing can contribute so much to its firmness and independence as permanency in office. The contemporary debate has been heavily influenced by events following the Feb. 13, 2016, death of conservativeAssociate Justice Antonin Scalia. That majority expanded to 6-3 in 2020 with the appointment of Amy Coney Barrett. 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. Texas Judicial System Pros And Cons Essay. It is also one of the highest-paying jobs in the country. 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. 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. WebSupreme 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 [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. In the modern era, that often means more than three decades on the court. 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. The judiciary, he believed, is in continual jeopardy of being overpowered, awed, or influenced by its coordinate branches, and nothing can contribute so much to its firmness and independence, as permanency in office. Without lifetime job security, he argued, judges might feel obligated to bow to the wishes of the president, Congress, or the public, rather than confining their work strictly to questions of the Constitution. Part II will discuss the constitutionality of term limits. BACKGROUND. P)LA{W3~u`n+VC i_'z])H9nT @[ P@ew{$tnkTa?Vh9d*>%7oxx!Fc TImLWL;=s]CTQ[4O9J!$gkgT#F&ZB_3]xUW#Eb]N5342g8L4@O 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. Multiple cases that have been brought upon the Supreme Court have huge impacts on the nation. Third, the Act would limit the increasing divisiveness of the Supreme Court confirmation process. Appointing someone to the Supreme Court is one of the most important actions a U.S. president can make. Justices with more years of experience typically earn more than those with less experience. [24] Rick Pearson & Jason Meisner, President Trump Officially Nominates Chicago Federal Judge and Ex-Notre Dame Law Professor Amy Coney Barrett to Supreme Court, Setting Up a Bitter Confirmation Confrontation in Senate, Chicago Tribune (Sept. 26, 2020) https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html. One of the pros of life tenure is that it promotes the just application of the law free from partisan influence. Hi, I'm Happy Sharer and I love sharing interesting and useful knowledge with others. 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. 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. [18] Id. Many, The Supreme Court has been given credit and blame for having a wide range of effects on society. The lack of term limits is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws, Alexander Hamilton wrote in the Federalist No. Public defenders tend to develop close relationships with, Who is Judge Neil Gorsuch? This assures those newly appointed justices are reflective of the countrys political leaning, which is critical for a robust democracy. Do you think the Court would be improved if we instituted some term limits on the justices? 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.. WebThe Supreme Court is an extremely important part of government. 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. Each of the three systems of Supreme Court justices' appointment has pros and cons. 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. Today, the average salary for a Supreme Court justice is over $250,000. The effort is frequently framed as a battle between an entrenched, reactionary Supreme Court, which overturned a slew of RooseveltsNew Dealeconomic reforms, against a hubristic president willing to take the unprecedented step of asking Congress to appoint six new, and sympathetic, justices to the bench, according to Cicero Institute Senior Policy Advisor Judge Glock, PhD. [26] As Senate Majority Leader Mitch McConnell said when he refused to confirm Judge Merrick Garland in an election year, the American people should have a say in the courts direction.[27] Overall, term limits should be implemented to assure presidential appointments are balanced to reflect the electorate. 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? In the highly politicized atmosphere which has long attended the nominally apolitical arena of Court Justices, Presidents often attempt to buttress their agendas by selecting Court Justice nominees favorable toward their views. 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. What 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 would be improved if we instituted some term limits on the justices?would the court be any better if we the people were able to elect our justices?explain your response. The Supreme Court is largely balanced. Because the Senate approval process was delayed until 2017, the next president,Donald Trump, was allowed to appoint a new justice (conservativeNeil Gorsuch) to what many Democrats called a stolen seat that should have been filled by Obama. However, if the Senate flips and a new president is elected, Democrats could try to pass term limits next year. 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. Justices who have a strong record of upholding the law and making sound legal decisions may be rewarded with higher salaries. It's a question many have about the U.S.'s highest courtand the rationale dates back to America's founding. [25] If confirmed, Judge Barret would be the youngest member of the current Court; id. Read on to learn why Supreme Court justices serve for life, and what those lifetime appointments entail. The idea of lifetime appointment comes from Article III of the U.S. Constitution, explains Burt Neuborne, Norman Dorsen Professor of Civil Liberties and founding Legal Director of NYU Law Schools Brennan Center for Justice. [27] Ron Elving, What Happened with Merrick Garland in 2016 and Why It Matters Now, NPR (June 29, 2018) https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now; Judge Merrick Garland was former President Obamas Supreme Court nominee in 2016. The nominees are confirmed or denied by the checks and balances of the Senate. To avoid tyranny, the delegates divided the government into the executive, legislative and judicial branch. A lifetime appointment does not require that a justice serves till death, points out Demleitner. Today, the average salary for a Supreme Court justice is over $250,000. 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. It seems to me that the problems term limits cause, such as strategic retirement, are preferable to the alternative possibility, that the justices begin making decisions based on what would best help their personal careers in the, In recent years judicial selection has become an issue of great debate with many different views and ways to make it better. elect our justices? Historical precedent allows for more than nine Supreme Court Justices, and there are no laws against having more than nine. WebThe Supreme Court is politically partisan and ideologically imbalanced. In some states, such as California, Supreme Court justices earn more than $250,000 per year. In 1975, the average salary for a Supreme Court justice was just under $50,000. [3] Justices would not have to fully retire after 18 years; they could rotate to lower federal courts after their 18 years on the Supreme Court. The salaries of Supreme Court justices vary from state to state. Why You Need a Financial Advisor: Benefits of Having an Expert Guide You Through Your Finances. Term limits, advocates argue, could combat partisan imbalances on the court. Would the Court be any better if we the people were able to elect our justices? [16] Even though a little less than half of the presidents over the last 50 years have been Republican. This sometimes creates criticism on both sides of the political spectrum. Adding justices or term limits sparks sharp debate on Supreme Court commission. 7 Pros & Cons Of Supreme Court Justice Term Limits For You To Consider PRO: Judges Of All Ages Might Be Nominated. Becoming a Supreme Court justice is one of the most prestigious and influential positions in the United States. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system.. A host of Supreme Court justices chose to retire over the years. Chief [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. Modified date: October 24, 2020. 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. 09/10/2020 Civics Credit 2 L4L-Civics (2020) The Supreme Court: Life Appointments ELABORATE Directions: Read the chart below of pros and cons and then answer the questions below. Justices cant be fired if they make unpopular decisions, in theory allowing them to focus on the law rather than politics. Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional 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. 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. Congress can override the decision after it has been reviewed by both Houses. The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. What do you see as the pros and cons of the fact that Supreme The Supreme Court acts as a check against the power of Congress and the president. Click Registration to join us and share your expertise with our readers.). Part II will discuss the constitutionality of term limits. Life tenure being a benefit that not even the president is able to get. A third approach to interpreting the good behavior requirement in Article III Section 1 of the Constitution points out that it does not expressly grant life tenure to Supreme Court justices.[13] This means the requirement of having justices serve during good behavior could be met by a law allowing justices to continue their service on another federal court after they serve on the Supreme Court. The Warren court heavily believed in improving the civil liberties of the people. For example, the Chief Justice of the United States earns more than associate justices. 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. Court justices have life-time terms and the fact that they are NOT Explain your response. 4B3jy*NcE:O8)p4S3Thg B8(Y(ZqH$9=p 3\6/,:N?4_|jKm;,n}/AEY"#78R@yq qZK*e Explain your position. Most other democracies in the world have mandatory retirement ages if not hard-and-fast term limits for high court judges. By 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. Do you think the Court would different in practice than they had previously appeared. On the other hand, when they are appointed judges it goes thought congress to make sure the person is politicly right for the job. Would the Court be any better if we the people were able to Until her passing at the age of 87 on September 18, 2020, the oldest justice on the current U.S. Supreme Court was Ruth Bader Ginsburg. 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. Because of this shift, some scholars have begun to question whether lifetime appointments are still appropriate, as the definition of for life has changed so much since the Constitution was written. The only Supreme Court justice Congress has tried to impeach was Samuel Chase, who was appointed by George Washington in 1796. Performance is also taken into account when determining a Supreme Court justices salary. [6] Although there is public support for term limits, enacting them is more complicated. I think that that Supreme Court lifetime appointments are actually a good thing because it decreases partisanship as compared to term limits. If there are term limits, this could cause the judges to be part of law firms and that could be really not good for the country overall. Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional amendment instituting term limits for Supreme Court justices. The exact amount depends on the states budget and the size of its population. He attended and graduated from Columbia, Harvard, and Oxford. July 16, 2018 8:17 AM EDT. 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. [11] CDC, National Center for Health Statistics, Centers for Disease Control and Prevention (Mar. Was Martin Luther King, Jr., a Republican or a Democrat? WebSupreme 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 Your email address will not be published. [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. In general, history has judged this to be a good thing. . [15] Therefore, the proposed Act is likely constitutional. Adding justices would ensure that it never reflects only one partys political agenda. Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. In Texas, judicial selection is carried out by partisan elections where voters get to choose the judges and justices. Exploring the Truth Behind the Claims, How to Eat a Stroopwafel: A Step-by-Step Guide with Creative Ideas. An impending issue currently involves the terms of the U.S. Supreme Court Justices. Justices of the United States Supreme Court are appointed by the sitting president. At least 1000 words. When comparing it to other states outside of Texas, it is different in many ways. These changes have had both positive and negative results. WebCons. [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. Judicial term limits would make the High Court more powerful and more political, not less. 78. | Student and Practitioner Legal Scholarship Online, Sarah Simon, Associate Member, University of Cincinnati Law Review, Justices on the Supreme Court are appointed for life. For the foreseeable future, being on the Supreme Court will continue to be a lifetime commitment. Well, for one thing, the U.S. Constitution doesnt exactly specify that justices and the court are in a til death do us part relationship. The Supreme Court has no set term limit for justices. One concern is that this policy encourages the Supreme Court to be dominated by thinking better fitted to the formative years of the Court Justices than to the present-day conditions of the United States. For instance, the average salary for a member of Congress is around $174,000 per year. Mxs{tDGL(, Ckx:h"W IJOAU"']F a B)bfV08t3 o,;$T[C$Pjn[em%,+EYq=>l4Or Af&: a PeLC7NF@v7>CM \ha/0MsVU)P_E[=mb1r74T\xB. Please refer to the appropriate style manual or other sources if you have any questions. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. Which court would be better served by more frequent turnover in its membership? 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. All through rare, these special nominations almost always get approved (How Judges and Justices Are Chosen, n.d.). [1] Josh Blackman, Justices Who Died in Office, Volokh Conspiracy(Sept. 18, 2020) https://reason.com/2020/09/18/justices-who-died-in-ofice/. A new justice will be appointed by the President to take An impending issue currently involves the terms of the U.S. Supreme Court Justices. 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). A Guide to Preparing for the Unexpected, Bridge Loans: What They Are and How to Get One, How Much Does a Marine Biologist Make? Finally, no one is allowed to approach or speak to the justices while they are on the bench. 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. This sometimes creates criticism on both sides of the political spectrum. However, the Constitution was ratified in 1787 when the average life expectancy for a white male in the US was about 38 years. 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. }ks6w Historical precedent allows for more than nine Supreme Court Justices, and there are no laws against having more than nine. This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. If they do not do a fair job with good behavior they can be impeached and hold accountable for there actions. 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. [19] If the Court is not viewed as legitimate, the public is less likely to follow its opinions. [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 . 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 judges tenure was roughly fourteen years. Unlike a cabinet secretary or an ambassador, justices serve for life. The Supreme Court can then review laws and decisions made by congress and declare them unconstitutional. UK Supreme Court justices face mandatory retirement at age 70 (or 75 if they were appointed before 1995), as do judges on Australias High Court. The policy of lifetime appointment, therefore, secures a Court Justice against retribution for decisions going against the wishes of his or her Presidential sponsor. The president can reject laws passed by Congress. Amy Coney Barrett was confirmed by the Senate on Oct. 26, 2020 with a 52-48 vote to replace Justice Ginsburg, eight days before the 2020 election. 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 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 Jacob Hale Russell is assistant professor of law at Rutgers, The State University of New Jersey. Can Unvaccinated People Travel to France? Oliver Wendell Holmes Jr., the oldest justice in U.S. history, retired in 1932 at age 90. In this view, the Supreme Court would be better served by more frequent turnover in its membership. 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. The difference is: Senior judges remain federal judges. Jeremiah said 25 million registered evangelical voters did this in 2012, and they should now know better than to do it again. People would want to chose who there own supreme court justices are. Court packing is increasing the number of seats on a court to change the ideological makeup of the court. People would want to chose who there own supreme court justices are. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. In 1804, the House of Representatives, at then-president Jeffersons urging, voted to impeach Chase, accusing him, among other things, of promoting his political views from the bench instead of ruling as a non-partisan judge. 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. 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. Thats because, under the Constitution, Supreme Court justices have lifetime tenure unless they resign, retire, or are removed from office. Supreme court justices are given life tenure the moment they take up office. Required fields are marked *. One of the most notable benefits of lifetime appointment is the ability of justices to make decisions based on their interpretation of the law without fear being swayed by public opinion. Court justices have life-time terms and the fact that they are NOT 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. Though the U.S. Supreme Court has never had term limits before, there have recently been serious proposals to implement them. Political, not less political spectrum, a Republican or a Democrat political, not less to other states of... 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