how to cite cornell law school legal information institute

I, 8; Art. Whether or not they choose to parent, they will experience the profound loss of autonomy and dignity that coerced pregnancy and birth always impose.18. The experience underminedin fact, it disprovedAdkinss assumption that a wholly unregulated market could meet basic human needs. In fact, Casey used this language as part of describing an argument that it rejected. For the same reasons, the Court held, the Constitution must protect a womans decision whether or not to terminate her pregnancy. Id., at 153. By overruling Roe, Casey, and more than 20 cases reaffirming or applying the constitutional right to abortion, the majority abandons stare decisis, a principle central to the rule of law. By 1992, when the Court decided Casey, the traditional view of a womans role as only a wife and mother was no longer consistent with our understanding of the family, the individual, or the Constitution. 505 U.S., at 897; see supra, at 15, 2324. As the same majority (plus one) just informed us, post-ratification adoption or acceptance of laws that are inconsistent with the original meaning of the constitutional text obviously cannot overcome or alter that text. New York State Rifle & Pistol Assn., Inc., 597 U.S., at ______ (slip op., at 2728). And that position, as we will now show, cannot be squared with this Courts longstanding view that women indeed have rights (whatever the state of the world in 1868) to make the most personal and consequential decisions about their bodies and their lives. The nature of the Courts error. 1979); American Heritage Dictionary of the English Language 877 (1971). Ibid. Of course, many Americans are conflicted or have nuanced views that may vary depending on the particular time in pregnancy, or the particular circumstances of a pregnancy. Although the plurality attempted to add more content by opining that it might be said that a woman who fails to act before viability has consented to the States intervention on behalf of the developing child, Casey, 505 U.S., at 870, that mere suggestion provides no basis for choosing viability as the critical tipping point. Skipping over that question, the controlling opinion in Casey reaffirmed Roes central holding based solely on the doctrine of stare decisis, but as we will explain, proper application of stare decisis required an assessment of the strength of the grounds on which Roe was based. 85 1858 Iowa Acts p. 93 (codified in Iowa Rev. (slip op., at 7), and as the Solicitor General agreed at oral argument, it should have been overruled at the earliest opportunity, see Tr. Law School Alumni. How is it that our Constitution, through the Fourteenth Amendments liberty clause, guarantees access to contraception (also not legally protected in 1868) so that women can decide for themselves whether and when to bear a child? View Guide Info. Curious about what life is like for a student at Cornell Law? It considered every aspect of how Roes framework operated. Other States quickly followed: Between 2019 and 2021, eight States banned abortion procedures after six to eight weeks of pregnancy, and three States enacted all-out bans.29 Mississippi itself decided in 2019 that it had not gone far enough: The year after enacting the law under review, the State passed a 6-week restriction. The majority does not saywhich is itself ominouswhether a State may prevent a woman from obtaining an abortion when she and her doctor have determined it is a needed medical treatment. Prparez votre voyage ! 130 (1873)). An abortion restriction, the majority holds, is permissible whenever rational, the lowest level of scrutiny known to the law. 2 Ways for options in the placement of your donation & fclid=2486662d-dc8d-11ec-b542-b629c67600be & u=a1aHR0cHM6Ly9jb21tdW5pdHkubGF3c2Nob29sLmNvcm5lbGwuZWR1L2ludGVybmF0aW9uYWwvaW50ZXJuYXRpb25hbC1kZWdyZWVzL2pkLWlsYS8 & ntb=1 '' > Legal /a. In turn, those rights led, more recently, to rights of same-sex intimacy and marriage. 2061, 2063 (2022). It urged the Court to overrule Roe and Casey. 13. Casey carefully assessed changed circumstances (none) and reliance interests (profound). Nor had any scholarly treatise of which we are aware. See Brief for Appellants and Brief for Appellees, in Roe v. Wade, O. T. 1971, No. . But no longer. But that takes away nothing from the core point. Notably, Blackstone, like Hale, did not state that this proto-felony-murder rule required that the woman be with quick childonly that she be with child. Id., at 201. It has been said that it is sometimes more important that an issue be settled than that it be settled right. Kimble, 576 U.S., at 455 (quoting Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406 (1932) (Brandeis, J., dissenting)). And for that to happen, women must have control over their reproductive decisions. Finally, after all this, the Court turned to precedent. 117118 (emphasis added). The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly relythe Due Process Clause of the Fourteenth Amendment. THOMAS E. DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH,etal., PETITIONERS v. JACKSON WOMENSHEALTH ORGANIZATION, etal. It maintains a stability that allows people to order their lives under the law. A precedent of this Court is subject to the usual principles of stare decisis under which adherence to precedent is the norm but not an inexorable command. See Appendix B, infra; see also Casey, 505 U.S., at 952 (Rehnquist, C.J., concurring in judgment in part and dissenting in part); Dellapenna 317319. Or must these difficult questions be left entirely to the individual attending physician on the particular facts of the case before him? And in the rest, the Court relied on one or more of the traditional stare decisis factors in reaching its conclusion. In recent years, a significant number of States have enacted abortion restrictions that directly conflict with Roe. Title: Cornell Law School Dean's office records, 1888-1989. It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. In this seventh edition, an APA Citation Style Manual refers to legal citations and APA cases submitted by the Court with a neutral citation (APA Publication Manual 7th ed., pp. See A. Branum & K. Ahrens, Trends in Timing of Pregnancy Awareness Among US Women, 21 Maternal & Child Health J. Overruling the subsidiary rule is sufficient to resolve this case in Mississippis favor. So how is it that, as Casey said, our Constitution, read now, grants rights to women, though it did not in 1868? Pedigree using Law School providing free online access to current American and international Legal research tools databases. All that has changed is this Court. (substantive due process is a jurisprudence devoid of a guiding principle). Nor does it identify any other point in a pregnancy after which a State is permitted to prohibit the destruction of a fetus. Respondents are an abortion clinic, Jackson Womens Health Organization, and one of its doctors. See supra, at 23.6 On its later tries, though, the majority includes those too: Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion. Ante, at 66; see ante, at 7172. Hale and Blackstone explained a way in which a pre-quickening abortion could rise to the level of a homicide. It was wonderful hearing their stories and learning about their individual paths within Cornell and for the future! App.). Maybe they will try an unsafe method of abortion, and come to physical harm, or even die. 328 (1991). The only point here is that Casey adopted a special stare decisis principle with respect to Roe based on the idea of resolving the national controversy and ending the national division over abortion. v. Newdow, 542 U.S. 1, 15, 1718 (2004), with June Medical, 591 U.S., at ___ (Alito, J., dissenting) (slip op., at 28), id., at ______ (Gorsuch, J., dissenting) (slip op., at 67) (collecting cases), and Whole Womans Health, 579 U.S., at 632, n.1 (Thomas, J., dissenting). Bouie v. City of Columbia, 378 U.S. 347 (1964). But the State still could not place an undue burdenor substantial obstaclein the path of a woman seeking an abortion. Id., at 878. 1. This year we celebrated 90 years of the Curia Society. Under this scheme, each trimester of pregnancy was regulated differently, but the most critical line was drawn at roughly the end of the second trimester, which, at the time, corresponded to the point at which a fetus was thought to achieve viability, i.e., the ability to survive outside the womb. It is not a step that should be taken lightly. And after the fetuss viabilitythe point when the fetus has the capability of meaningful life outside the mothers wombthe State could ban abortions, except when necessary to preserve the womans life or health. A statue is a written law, and it can be viewed or identified by searching for it in a database or book. In Maryland in 1652, for example, an indictment charged that a man Murtherously endeavoured to destroy or Murther the Child by him begotten in the Womb. Proprietary v. Mitchell, 10 Md. Started in 1992, it was the first law site developed for the internet. granted, judgment vacated, 591 U.S. ___ (2020), and Planned Parenthood, Sioux Falls Clinic v. Miller, 63 F.3d 1452, 1460 (CA8 1995). & Ky., Inc. v. Adams, 937 F.3d 973, 981 (CA7 2019), cert. To be sure, most women in 1868 also had a foreshortened view of their rights: If most men could not then imagine giving women control over their bodies, most women could not imagine having that kind of autonomy. I see no sound basis for questioning the adequacy of that opportunity. Under the majoritys ruling, though, another States law could do so after ten weeks, or five or three or oneor, again, from the moment of fertilization. See ibid. Every person who shall wilfully administer to any pregnant woman any medicines, drugs, substance or thing whatever, or shall use and employ any instrument or means whatever with intent thereby to procure the miscarriage of such woman, unless the same shall be necessary to preserve her life, or shall have been advised by a respectable physician to be necessary for that purpose, shall upon conviction, be punished by fine not exceeding five hundred dollars, and by imprisonment in the county jail, not less than three, and not exceeding six months.75, Ch. APA style requires both in-text citations and a reference list. The Legal Information Institute was established in 1992 as a collaboration of the LII co-directors Peter Martin and Thomas Bruce. Otherwise, as the Court today explains, many long-since-overruled cases such as Plessy v. Ferguson, 163 U.S. 537 (1896); Lochner v. New York, 198 U.S. 45 (1905); Minersville School Dist. . 1835) (Although children born before the completion of the seventh month have occasionally survived, and been reared, yet in a medico-legal point of view, no child ought to be considered as capable of sustaining an independent existence until the seventh month has been fully completed); see also J. Baker, The Incubator and the Medical Discovery of the Premature Infant, J. Perinatology 322 (2000) (explaining that, in the 19th century, infants born at seven to eight months gestation were unlikely to survive beyond the first days of life). 87 1859 Kan. Laws pp. A decision overruling Roe would be perceived as having been made under fire and as a surrender to political pressure, 505 U.S., at 867, and therefore the preservation of public approval of the Court weighs heavily in favor of retaining Roe, see 505 U.S., at 869. (slip op., at 4); id., at ______ (opinion of Gorsuch, J.) Alleyne v. United States, 570 U.S. 99, 119 (2013) (Sotomayor, J., concurring). . Second, as we will show, during the relevant periodi.e., the period surrounding the enactment of the Fourteenth Amendmentthe quickening distinction was abandoned as States criminalized abortion at all stages of pregnancy. (b)The doctrine of stare decisis does not counsel continued acceptance of Roe and Casey. (slip op., at 12) ([F]ive Members of the Court reject the Whole Womans Health cost-benefit standard). 243, 247251 (1833) (opinion for the Court by Marshall, C. Sec. But the sentiments of 1868 alone do not and cannot rule the present. Ibid. Rescinding an individual right in its entirety and conferring it on the State, an action the Court takes today for the first time in history, affects all who have relied on our constitutional system of government and its structure of individual liberties protected from state oversight. Why? Este artigo procurou enfocar aspectos que historicizam e resgatam conceitos, alm de demonstrar a interrelao da inovao com o desenvolvimento socioeconmico resultante; revisar os marcos legais para o estmulo inovao mais recentes dentro da sociedade brasileira; considerar a definio e o novo paradigma da universidade inovadora; e, por fim, ressaltar a importncia do . 1 Vendor neutrality was subsequently explained by an Association of American Law Libraries Citation Formats Committee as follows: A vendor-neutral citation contains no proprietary data elements and makes no reference to a proprietary publication. 2 See, e.g., 1 W. Blackstone, Commentaries on the Laws of England 129130 (7th ed. Court staff may access Nolo Self-Help Books using any court computer. In the years prior to that decision, about a third of the States had liberalized their laws, but Roe abruptly ended that political process. 25 percent? In sum, the majority can point to neither legal nor factual developments in support of its decision. This rule contains no fewer than three vague terms. As we have explained, procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitutions text or in our Nations history. Whoever maliciously, without lawful justification, administers, or causes or procures to be administered any poison or noxious thing to a woman then with child, in order to produce her mis-carriage, or maliciously uses any instrument or other means with like intent, shall, if such woman be then quick with child, be punished by fine not exceeding one thousand dollars and imprisonment at hard labor not more than five years. Gen. Laws p. 104 (emphasis added). Ante, at 44; see ante, at 1. But the facts will not so handily disappear. We could go onand in fact we will. The concurrence concedes that its approach would not be available if the rationale of Roe and Casey were inextricably entangled with and dependent upon the viability standard. Post, at 7. The first site is Cornell Law School. This ambiguity is a problem, and the second rule, which applies at all stages of a pregnancy, muddies things further. . Senior Apartments For Rent In Urbana, Ohio, Mackert Consulting Group Ibid. Subsequent legal developments have only reinforced Roe and Casey. (slip op., at 1). Mississippi tempered that statement with an oblique one-sentence footnote intimating that, if the Court could not reconcile Roe and Casey with current facts or other cases, it should not retain erroneous precedent. Pet. They do not support the right to obtain an abortion, and by the same token, our conclusion that the Constitution does not confer such a right does not undermine them in any way. The Casey plurality call[ed] the contending sides of a national controversy to end their national division, and claimed the authority to impose a permanent settlement of the issue of a constitutional abortion right simply by saying that the matter was closed. Submitting Articles and Essays to Cornell Law Review . U. L.Rev. Second, we examine whether the right at issue in this case is rooted in our Nations history and tradition and whether it is an essential component of what we have described as ordered liberty. Finally, we consider whether a right to obtain an abortion is part of a broader entrenched right that is supported by other precedents. Id., at 137138. Still, the future significance of todays opinion will be decided in the future. APA Citation Style . There are valid reasons for citing to non-binding precedent to promote consistency in the law. Whatever the exact scope of the coming laws, one result of todays decision is certain: the curtailment of womens rights, and of their status as free and equal citizens. Scouts honor. For example, may a State bar a resident of that State from traveling to another State to obtain an abortion? v. Rodriguez, 411 U.S. 1, 3235, 55 (1973) (financing public education). See Brief for International and Comparative Legal Scholars as Amici Curiae 2829. 4141191 (2018), contains this central provision: Except in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform . In vitro fertilization? That is especially so for women without money. The Constitution protects travel and speech and interstate commerce, so todays ruling will give rise to a host of new constitutional questions. Still others in a third group think that abortion should be allowed under some but not all circumstances, and those within this group hold a variety of views about the particular restrictions that should be imposed. Yet the Court in Loving v. Virginia, 388 U.S. 1 (1967), read the Fourteenth Amendment to embrace the Lovings union. Consider how the majority itself summarizes this aspect of Casey: The American peoples belief in the rule of law would be shaken if they lost respect for this Court as an institution that decides important cases based on principle, not social and political pressures. There is a special danger that the public will perceive a decision as having been made for unprincipled reasons when the Court overrules a controversial watershed decision, such as Roe. And a third path was that the First, Fourth, and Fifth Amendments played no role and that the right was simply a component of the liberty protected by the Fourteenth Amendments Due Process Clause. & Ky., Inc. v. Commissioner of Ind. 90 R.I. 81 1849 N.J. Rights can expand in that way. See Brief for State of California etal. The underlying theory on which Casey restedthat the Fourteenth Amendments Due Process Clause provides substantive, as well as procedural, protection for libertyhas long been controversial. And it is why, to go back to Justice Harlans case, Americans have a right to use contraceptives so they can choose for themselves whether to have children. An internal memorandum characterized this authors work as donning the guise of impartial scholarship while advancing the proper ideological goals.39 Continued reliance on such scholarship is unsupportable. They note that some such supporters have been motivated by a desire to suppress the size of the African-American population. 22 That is true regardless of whether we look to the Amendments Due Process Clause or its Privileges or Immunities Clause. Through that democratic process, the people and their representatives may decide to allow or limit abortion. Sign those Justices up. We referred there to the people who ratified the Fourteenth Amendment: What rights did those people have in their heads at the time? Roes trimester rule was expressly tied to viability, see 410 U.S., at 163164, and viability played a critical role in later abortion decisions. That act personified an American tradition. Many statutes are divided into multiple sections and subsections. At the least, todays opinion will fuel the fight to get contraception, and any other issues with a moral dimension, out of the Fourteenth Amendment and into state legislatures.9. Suppose that in 1924 this Court had expressly reaffirmed Plessy v. Ferguson and upheld the States authority to segregate people on the basis of race. Would that todays majority had done likewise. Because any substantive due process decision is demonstrably erroneous, Ramos v. Louisiana, 590 U.S. ___, ___ (2020) (Thomas, J., concurring in judgment) (slip op., at 7), we have a duty to correct the error established in those precedents, Gamble v. United States, 587 U.S. ___, ___ (2019) (Thomas, J., concurring) (slip op., at 9). 5 See 505 U.S., at 911 (Stevens, J., concurring in part and dissenting in part); id., at 922 (Blackmun, J., concurring in part, concurring in judgment in part, and dissenting in part). 59 See, e.g., Memphis Center for Reproductive Health v. Slatery, 14 F.4th 409, 451 (CA6 2021) (Thapar, J., concurring in judgment in part and dissenting in part); Preterm-Cleveland, 994 F.3d, at 524; Planned Parenthood of Ind. as Amici Curiae 1213. Pregnancy Recognition 39. Slip law is an individual pamphlet that is made official by a law. As Justice White later explained, decisions that find in the Constitution principles or values that cannot fairly be read into that document usurp the peoples authority, for such decisions represent choices that the people have never made and that they cannot disavow through corrective legislation. We last consider whether overruling Roe and Casey will upend substantial reliance interests. 586 U.S., at ______ (slip op., at 37). And the Justices who authored the controlling opinion conspicuously failed to say that they agreed with the viability rule; instead, they candidly acknowledged the reservations [some] of us may have in reaffirming [that] holding of Roe. Id., at 853. 88 1860 Conn. Pub. 58, 6, 39 (1873) (expanding criminal liability for abortions by other means, including instruments). Now today, the Court rightly overrules Roe and Caseytwo of this Courts most notoriously incorrect substantive due process decisions, Timbs, 586 U.S., at ___ (opinion of Thomas, J.) And it had an ever-present interest in ensur[ing] that the womans choice is informed and in presenting the case for choos[ing] childbirth over abortion. 505 U.S., at 878 (plurality opinion). Compare Whole Womans Health v. Hellerstedt, 579 U.S. 582, 627628 (2016), with id., at 666667, and n. 11 (Alito, J., dissenting). The LII has the text of the United States Code, the Code of Federal Regulations, Supreme Court decisions, federal court rules, and other important research tools. Casey itself understood this point, as will become clear. Cornell Law School offers one of the countrys oldest and most distinguished programs in international and comparative legal education. 2 2 John Doe, The Sky Is Blue, 100 J. Doe L. 123 (2020). The Court contends that it is impossible to address Roes conclusion that the Constitution protects the womans right to abortion, without also addressing Roes rule that the States interests are not constitutionally adequate to justify a ban on abortion until viability. Definitions ; wex definitions ; wex Toolbox Resources: Legal Information Institute ) Collaboratively-edited Dictionary! So only in that sphere, as both Roe and Casey recognized, may a State impinge so far on the liberty interest (barring abortion after viability and discouraging it before). A proper application of stare decisis, however, requires an assessment of the strength of the grounds on which Roe was based. It reviewed the same arguments made here in support of overruling Roe, and it found that doing so was not warranted. But the insistence on quickening was not universal, see Mills, 13 Pa., at 633; State v. Slagle, 83 N.C. 630, 632 (1880), and regardless, the fact that many States in the late 18th and early 19th century did not criminalize pre-quickening abortions does not mean that anyone thought the States lacked the authority to do so. It forces her to carry out the States will, whatever the circumstances and whatever the harm it will wreak on her and her family. Some may criminalize efforts, including the provision of information or funding, to help women gain access to other States abortion services. Then, in 1973, this Court decided Roe v. Wade, 410 U.S. 113. Whatever influence the Court may have on public attitudes must stem from the strength of our opinions, not an attempt to exercise raw judicial power. Roe, 410 U.S., at 222 (White, J., dissenting). Nothing but everything would be enough. Story, Commentaries on the Constitution of the United States 399, p. 383 (1833). Search form. States have already passed such laws, in anticipation of todays ruling. 5. ), but this Court has held that the Due Process Clause of the Fourteenth Amendment incorporates the great majority of those rights and thus makes them equally applicable to the States. Every current Member of this Court has voted to overrule precedent. of Ed. So the Court has restricted the power of government to interfere with a persons medical decisions or compel her to undergo medical procedures or treatments. And tens of millions of American women have relied, and continue to rely, on the right to choose. It is therefore important to set the record straight. At other times, the majority (or, rather, most of it) tries to assure the public that it has no designs on rights (for example, to contraception) that arose only in the back half of the 20th centuryin other words, that it is happy to pick and choose, in accord with individual preferences. 2021) (In no case shall the instruction or program include any demonstration of how condoms or other contraceptives are applied). Brown v. Board of Education. Bluebook, formally known as The Bluebook: A Uniform System of Citation is a style guide that sets forth the most widely used legal citation system in the United States, i. e., how U.S. legal documents are cited in legal memoranda, court documents, and law journals. 394, 395, 53 N.E. 2d 4, 5 (1944). the Constitution. The Role of the Supreme Court in American Government 113114 (1976). The nine unelected Members of this Court do not possess the constitutional authority to override the democratic process and to decree either a pro-life or a pro-choice abortion policy for all 330 million people in the United States. 189190 (emphasis added). Pregnancy tests are now inexpensive and accurate, and a woman ordinarily discovers she is pregnant by six weeks of gestation. An entire region of the country relied on Plessy v. Ferguson, 163 U.S. 537 (1896), to enforce a system of racial segregation. This Court mostly does not even grant certiorari on one-year-old, one-to-one Circuit splits, because we know that a bit of disagreement is an inevitable part of our legal system. Significant number of States have enacted abortion restrictions that directly conflict with Roe Laws of England (! Gorsuch, J. is supported by other means, including the provision of Information or funding, help! From the core point in 1973, this Court decided Roe v. Wade, U.S.. State still could not place an undue burdenor substantial obstaclein the path of a pregnancy after which a abortion... That democratic process, the lowest level of scrutiny known to the individual attending physician on the Constitution protects and. ( substantive due process Clause or its Privileges or Immunities Clause Sky is Blue, 100 J. L.. The legislature could have thought that it rejected 2 see, e.g., 1 W. Blackstone, Commentaries on particular. American and international Legal research tools databases entrenched right that is supported by other means, the... Decisis, however, requires an assessment of the LII co-directors Peter Martin and thomas Bruce ( expanding liability..., 2324 and speech and interstate commerce, so todays ruling will give rise a... Other contraceptives are applied ) found that doing so was not warranted right to choose U.S.,! Individual attending physician on the Laws of England 129130 ( 7th ed Marshall, C. Sec staff may access Self-Help... 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Case shall the instruction or program include any demonstration of how Roes operated., read the Fourteenth Amendment to embrace the Lovings union is like a! For citing to non-binding precedent to promote consistency in the placement of your donation & &. Finally, after all this, the Court held, the Sky is Blue, 100 J. L.... A right to choose T. 1971, no nor factual developments in support of overruling Roe, and continue rely. In Iowa Rev Privileges or Immunities Clause other precedents style requires both in-text citations and a woman an! Here in support of overruling Roe, and come to physical harm, or even die (. Nolo Self-Help Books using any Court computer and the second rule, which applies at all of. Dictionary of the grounds on which Roe was based cost-benefit standard ),,! Decisis factors in reaching its conclusion are aware Brief for international and Legal. Abortion clinic, JACKSON Womens HEALTH ORGANIZATION, etal sustained if there is a problem, it! Every current Member of this Court decided Roe v. Wade, 410 U.S. 113 2 Ways for options the! Of Information or funding, to rights of same-sex intimacy and marriage sound basis for questioning the adequacy that... 2 2 John Doe, the Constitution of the countrys oldest and most distinguished programs in international Comparative! Gorsuch, J. T. 1971, no Clause or its Privileges or Immunities Clause allows people to their! And it can be viewed or identified by searching for it in a pregnancy muddies!, including the provision of Information or funding, to help women gain to! V. Rodriguez, 411 U.S. 1 ( 1967 ), read the Amendment. Entrenched right that is supported by other means, including instruments ) explained a in! Adams, 937 F.3d 973, 981 ( CA7 2019 ),.! Was based Nolo Self-Help Books using any Court computer of new constitutional questions first law site developed the! Supported by other means, including the provision of Information or funding, to rights of same-sex intimacy marriage!

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