gerrymandering supreme court 2020

Found inside – Page 328Retrieved September 20, 2020, from https://www.pbs.org/ ... “Supreme Court Bars Challenges to Partisan Gerrymandering.” NYTimes, 27 June 2019, ... Justices Powell and Stevens said that partisan gerrymandering should be identified based on multiple factors, such as electoral district shape and adherence to local government boundaries. The justices will hear two cases Tuesday challenging congressional maps drawn to limit one party's political power. The legislation introduced in the Georgia General Assembly with the name the "Democracy Act" provides for all of these solutions to partisan gerrymandering in Georgia. Candidates that do choose to run are more likely to have weak resumes. Gerrymandering is the practice of setting boundaries of electoral districts to favor specific political interests within legislative bodies, often resulting in districts with convoluted, winding boundaries rather than compact areas. Found inside – Page 266Supreme Court Bars Challenges to Partisan Gerrymandering. New York Times, June 27. Retrieved March 25, 2020, from https://www.nytimes.com/2019/06 ... Second, on the Census, the Court blocked a citizenship question from being added to the 2020 census for now. What may be the first use of the term to describe the redistricting in another state (Maryland) occurred in the Federal Republican (Georgetown, Washington, DC) on October 12, 1812. © 1996 - 2021 NewsHour Productions LLC. Partisan gerrymandering, which refers to redistricting that favors one political party, has a long tradition in the United States. But in 2018, the Supreme Court left the door open to partisan gerrymandering in Gill v. Whitford . Why North Carolina Mattered In Supreme Court Gerrymandering Decision. Republicans apparently removed approximately 13,000 African-American voters from the district of Jim Raussen, a Republican candidate for the House of Representatives, in an attempt to tip the scales in what was once a competitive district for Democratic candidates. Justice Elena Kagan read a scathing dissent from the bench for the four liberals. Found insideSupreme Court agrees to hear potentially landmark partisan gerrymandering ... As the 2020 count of the U.S. population draws nearer, the Census Bureau is ... The Supreme Court reasoned that these claims were cognizable because relying on race in redistricting "reinforces racial stereotypes and threatens to undermine our system of representative democracy by signaling to elected officials that they represent a particular racial group rather than their constituency as a whole". In 31 states, state legislatures draw the congressional districts themselves. There are two ways to change our redistricting process: legal and legislative. That should be … Found inside – Page 3Before Vieth, the conventional wisdom was that political gerrymandering produced ... We would expect the electoral consequences to persist through the 2020 ... " New to the Fourth edition: * Fully updated through the 2020 elections, looking ahead to the 2022 midterms. * Covers the impact of the COVID-19 pandemic on the 2020 election as well as the January 6, 2021 insurrection at the U.S. Capitol. ... Found inside – Page 41... a writ of certiorari is an appeal to the Supreme Court to take up a case. ... B Gerrymandering is an attempt by one political party to redraw a state's ... The first is a victory for Republicans, allowing extreme partisan gerrymandering to continue. [35] The District Court did subsequently rule the redistricting was unconstitutional, and that decision was appealed again to the Supreme Court, who have agreed to hear the case in the 2018 term as Lamone v. They retain meaningful power of … The first known use outside the immediate Boston area came in the Newburyport Herald of Massachusetts on March 31, and the first known use outside Massachusetts came in the Concord Gazette of New Hampshire on April 14, 1812. Various examples of affirmative racial gerrymandering have emerged. It suggested that partisan gerrymandering can often lead to adverse health complications for minority populations that live closer to United States superfund sites and additionally found that during redistricting periods, minority populations are "effectively gerrymandered out" of districts that tend to have fewer people of color in them and are farther away from toxic waste sites. Rucho v. Common Cause deals with Republican-favored gerrymandering in North Carolina. A notable example is the admission of Dakota Territory as two states instead of one. : Patrick Henry, James Madison, James Monroe, and Virginia's 1788 Congressional Districting". In jurisdictions where incarcerated people cannot vote, moving boundaries around a prison can create a district out of what would otherwise be a population of voters which is too small. [27], Opinions from Vieth and League, as well as the strong Republican advantage created by its REDMAP program, had led to a number of political scholars working alongside courts to develop such a method to determine if a district map was a justiciable partisan gerrymandering, as to prepare for the 2020 elections. The District Court had ruled the redistricting was unconstitutional prior to Gill; an initial challenge brought to the Supreme Court resulted in an order for the District Court to re-evaluate their decision in light of Gill. Even as redistricting can advantage the party in control of the process, political science research[by whom?] The National Republican Redistricting Trust, the Republican counterpart to Holder’s group, said it is ready to oppose Democratic efforts at the state level, including any moves to add more liberal judges to the state supreme courts that would ultimately decide redistricting cases. Get involved. suggests that its effects are not as large as critics may say. Justices O'Connor, Burger, and Rehnquist disagreed with the view that partisan gerrymandering claims were justiciable and would have held that such claims should not be recognized by courts. However, the Supreme Court has struggled as to when partisan gerrymandering occurs (Vieth v. Jubelirer (2004) and Gill v. Whitford (2018)) and a landmark decision, Rucho v. Common Cause (2019), ultimately decided that questions of partisan gerrymandering represent a nonjusticiable political question, which cannot be dealt with by the federal court system. Gerrymandering in the United States has been used to increase the power of a political party. Examples of such systems include the single-transferable vote, cumulative voting, and limited voting.[69]. Thus they may work to protect their political parties' standing and number of seats, so long as they do not harm racial and ethnic minority groups. Arnold Schwarzenegger, leaves the U.S. Supreme Court in Washington, Tuesday, Oct. 3, 2017. [14] Partisan gerrymandering oftentimes leads to benefits for a particular political party, or, in some cases, a race. Margo Anderson, a Census expert from the University of Wisconsin-Madison, said gerrymandering and redistricting may grow increasingly problematic as technology is used to manipulate maps and data from the census.. “Gerrymandering as we know it today was hard to do until recently because the detailed geographic data and electronic mapping tools used today didn’t exist” in the past, Anderson wrote in an email. The Supreme Court ruled against gerrymandering cases being brought to court. Supreme Court Rejects MI Gerrymandering Case. ... With the results of the 2020 Census in, states will now spend this year redrawing congressional districts. Courts, both state and federal, play an important role in keeping these practices in check. US Supreme Court hears Texas gerrymandering case . Door-to-door interviews for the 2020 Census began this month. A map of the district shows minority voters are split into the two new districts, but state lawmakers have claimed they drew the maps for political reasons. These systems typically involve a form of at-large elections or multimember districts. In Hunt v. Cromartie (1999) and its follow-up case Easley v. Cromartie (2001), the Supreme Court approved a racially focused gerrymandering of a congressional district on the grounds that the definition was not pure racial gerrymandering but instead partisan gerrymandering, which is constitutionally permissible. Opponents of the practice often point to oddly shaped districts that have been given nicknames such as the “praying mantis” and the “upside-down elephant” to show the lengths to which many state legislatures will go to exclude certain voters and create favorable House seats for their party. The Supreme Court’s ruling will have an immediate impact. [73], Gerrymandering was considered by many Democrats to be one of the biggest obstacles they came across during the 2018 U.S. midterm election. [55] This was notable as previously Justice Stevens had joined Justice Breyer's opinion in Easley v. Cromartie, which held that explicitly partisan motivation for gerrymanders was permissible and a defense against claims of racial gerrymandering. The Texas case involves racial gerrymandering, ... a series of recent setbacks at the hands of the U.S. Supreme Court. Since then, GOP-controlled legislatures have redrawn election maps to fill certain districts with more Republican voters, including in North Carolina, Ohio and Wisconsin. Supreme Court Sidesteps Partisan Gerrymandering Cases in WI, MD June 18, 2018 Our Big Political Cheating Scandals March 29, 2018 WASHINGTON -- Cheating isn't winning. Every 10 years, after the Census, state political boundaries are redrawn to account for population changes. [7] The word gerrymander was reprinted numerous times in Federalist newspapers in Massachusetts, New England, and nationwide during the remainder of 1812. Citizens for Traditional Values. Supreme Court’s approval of partisan gerrymandering raises 2020 election stakes. Overview. v. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR . In these systems, the party that gets, for example, 30 percent of the votes gets roughly 30 percent of the seats in the legislature. Thank you. Critics have long argued that the process, known as gerrymandering, disenfranchises minority voters and undermines democratic elections. Found inside – Page 65In the census case the Court held that the Secretary of Commerce had ... the Court's decision on gerrymandering—that the Court had no role to play in a ... By Audrey Taylor. A court challenge to California's racial gerrymandering mandate. Courts, both state and federal, play an important role in keeping these practices in check. US Supreme Court hears Texas gerrymandering case . Since the Hopi reservation is completely surrounded by the Navajo reservation, the legislature created an unusual district configuration for the 2nd congressional district that featured a fine filament along a river course several hundred miles in length to attach the Hopi reservation to the rest of the district; the arrangement lasted until 2013. [48]: 649–650 [49]: 620  Later opinions characterized the type of unconstitutional harm created by racial gerrymandering as an "expressive harm",[23]: 862  which law professors Richard Pildes and Richard Neimi have described as a harm "that results from the idea or attitudes expressed through a governmental action. Here's how the election played out in both", "Ending Gerrymandering Won't Fix What Ails America", "Drawing the line on the most gerrymandered district in America", "Name that district! Unfortunately, in June 2019, the U.S. Supreme Court ruled that federal courts may not police partisan gerrymandering, leaving that issue to state courts or the political process. [44], Bipartisan gerrymandering, where redistricting favors the incumbents in both the Democratic and Republican parties, became especially relevant in the 2000 redistricting process, which created some of the most non-competitive redistricting plans in American history. Redrawn congressional maps will soon follow. [42] The U.S. Supreme Court denied to hear the challenge and allowed the Pennsylvania Supreme Court maps to remain in place. Found inside – Page 155Michael Wines, “What Is Gerrymandering? And Why Did the Supreme Court Rule on It?” New York Times, June 27, 2019, accessed February 21, 2020, ... National Conference of State Legislatures. It defines geographical boundaries, with each district within a state being geographically contiguous and having about the same number of state voters. They are still sovereign. Lack of bipartisan collaboration ultimately leads to inefficient and ineffective government. The next battle will be the 2020 General Election. The case comes at a time when Republicans control the U.S. Senate but not the U.S. House and in a year when the U.S. Supreme Court has made it harder to fight partisan gerrymandering. Writing for a plurality of the Court, Justice White said that partisan gerrymandering occurred when a redistricting plan was enacted with both the intent and the effect of discriminating against an identifiable political group. News. [23]: 877. The Georgia Constitution mandates that our legislature redistrict every 10 years following the national Census. Photo courtesy of the Southern Coalition for Social Justice. This book gives a historical and contemporary overview of the redistricting process, using North Carolina for the different political, electoral, and legal issues and debates over the practice of drawing legislative district boundaries. Lawmakers have no incentive to work toward bipartisan solutions and representatives with extreme views have an easier time getting elected. Supreme Court weighs crackdown on gerrymandering. 18-422, and Lamone v. Benisek, No. Cracking refers to diluting the voting power of opposition voters across many districts by redrawing congressional boundaries so that voting minority populations in each district are reduced, therefore lowering the chance of a district-oriented congressional takeover. [40][41], The Pennsylvania Supreme Court ruled in League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania that gerrymandering was unconstitutional, ruling that the districts drawn to favor Republicans violated "free and equal" Elections Clause of the Pennsylvanian constitution and redrew the districts after the state government failed to comply with the deadline in its order to redraw. All Rights Reserved. [38], Moon Duchin, a Tufts University professor, has proposed the use of metric geometry to measure gerrymandering for forensic purposes.[63]. The coiner of the term "gerrymander" may never be firmly established. You can make sure that members of the Georgia General Assembly know that you are paying attention and will not support self-serving gerrymandering. But the Supreme Court just swung a “wrecking ball” into the left’s plans. The ruling will likely overturn a lower court’s order to redraw 34 of Michigan’s state legislative and congressional maps in time for 2020 elections. Fair Districts GA supports both of these legislative solutions to improve our redistricting process but believes the ultimate solution lies in an independent redistricting commission. Some states have established non-partisan redistricting commissions with redistricting authority. Found insideBut he is also one of America's most sought-after public speakers. In this collection of speeches, Moyers celebrates the promise of American democracy and offers a passionate defense of its principles of fairness and justice. [74][75], At a federal level, gerrymandering has been blamed for a decrease in competitive elections, movement toward extreme party positions, and gridlock in Congress. Supreme Court weighs crackdown on gerrymandering. Whichever party controls a state legislature after the 2020 elections will be able to redraw the lines based on data from the 2020 census. The Supreme Court ruled against gerrymandering cases being brought to court. Found insideAdam Liptak , “ Supreme Court Green - Lights Gerrymandering and Blocks Census ... Regents of the University of California , 591 U.S. ( 2020 ) , June 18 ... In the case of Pennsylvania, the map was reconfigured into an evenly split congressional delegation, which gave Democrats in Pennsylvania more congressional representation and subsequently aided the Democrats in flipping the U.S. House of Representatives. [19] Attorney General William P. Barr and Commerce Secretary Wilbur L. Ross Jr. have refused to cooperate with an investigation into why the Trump administration added a U.S. citizenship question to the 2020 census and specifically whether it seeks to benefit Republicans as suggested by Hofeller's study.[20]. (Some researchers point out that other factors, such as self-segregation based on political ideology, could also be contributing to the decline in competitive districts.). Some proportional voting systems have no districts or larger multimember districts and may break the strong constituency link, a cornerstone of current American politics, by eliminating the dependency of individual representatives on a concrete electorate. [18], In 2015, Thomas Hofeller was hired by the Washington Free Beacon to analyze what would happen if political maps were drawn based on the population of U.S. citizens of voting age rather than on the total population. by Edward Blum. The court ruled 5-4 that "partisan gerrymandering claims present political questions beyond the reach of the federal courts," in an opinion written by Chief Justice John Roberts. While the issue will surely return to the federal courts at some distant future date, as of this decision only state courts can possibly be involved in fights against gerrymandering. In Bush v. Vera (1996),[53]: 983  the Supreme Court in a plurality opinion assumed that compliance with Section 2 or Section 5 of the Act constituted compelling interests, and lower courts have treated these two interests as the only compelling interests that may justify the creation of racially gerrymandered districts. The conservative justices noted that state courts could apply state constitutions to address gerrymandering. In contrast with racial gerrymandering, on which the Supreme Court of the United States has issued rulings in the past affirming that such practices violate federal law, the high court had not, as of November 2017, issued a ruling establishing clear precedent on the question of partisan gerrymandering. [62] Ohio residents passed an initiative in 2018 that requires the redistricting maps to have at least 50% approval by the minority party in the legislature. This set the stage for several legal challenges from voters and groups in the court system, including several heard at the Supreme Court level. April 24, 2018, 5:25 PM • 8 min read. As the Supreme Court heard the case of Gill v. Whitford on October 3, 2017, Justice Samuel Alito called gerrymandering “distasteful.” This is not the first time a reluctant Supreme Court has addressed this issue. The Arizona State Legislature challenged the constitutionality of a non-partisan commission, rather than the legislature, for redistricting. In Rucho v.Common Cause, a 5-4 majority of the Supreme Court rejected challenges to political gerrymandering by North Carolina’s Republican legislature and Democratic lawmakers in … [26] Justice Anthony Kennedy, in a concurrence with the plurality, offered that a manageable means to determine when partisan gerrymandering occurred could be developed, and challenged lower courts to find such means. Candidates are less likely to contest districts when their party is disadvantaged by a districting plan. Attempts to do the same in other districts in 2017 and 2019 were ultimately shelved thanks to intense public scrutiny. Harry Enten of FiveThirtyEight argues that decreasing competition is partly due to gerrymandering, but even more so due to the population of the United States self-segregating by political ideology, which is seen in by-county voter registrations. The Southern Coalition for Social Justice points to North Carolina, where the nonprofit is headquartered, as an example. self-segregation based on political ideology. When one party controls the state's legislative bodies and governor's office, it is in a strong position to gerrymander district boundaries to advantage its side and to disadvantage its political opponents. By STEVEN SHEPARD. That could change the voting map", "The Supreme Court still won't crack down on partisan gerrymandering — yet, at least", "Supreme Court sidesteps partisan gerrymandering cases, let maps stand for now", "Supreme Court Takes Up New Cases on Partisan Gerrymandering", "Judges Rule Michigan Congressional Districts Are Unconstitutionally Gerrymandered", "Ohio Congressional Map Is Illegal Gerrymander, Federal Court Rules", "Supreme Court temporarily blocks rulings requiring new voting maps for Ohio and Michigan", "Supreme Court Says Constitution Does Not Bar Partisan Gerrymandering", "US supreme court declines to block partisan gerrymandering", "Pennsylvania's New Map Helps Democrats. Follow @LauraSanthanam. During the 2017 Supreme Court term, partisan gerrymandering was contested in the judiciary at unforeseen numbers. New and updated material for the 18th edition includes: Analysis of the 2020 congressional elections, including increased nationalization, regional shifts, and member turnover Data on the diversity of the new Congress in terms of race, ... In June 2019, the US Supreme Court ruled in a 5-4 decision that federal courts have no power over partisan gerrymandering. Found insideIntroducing us to groups that have pioneered innovative organizing methods—often combining old-school activism with new digital tools—Daley uncovers the story behind voting-rights victories nationwide and the new organizations ... theres a supremacy clause in the constitution for a reason. Found inside – Page 9Both automated and traditional redistricting tasks must ensure that political favoritism and partisan ... In 1986, the Supreme Court ruled in Davis v. [9][10], In the 1960s, a series of "one person, one vote" cases were decided by the Supreme Court, which resulted in a mandate of redistricting in response to the results of each census. and by him referred to the Court is granted. 27, 2019. Many early attempts failed to gain traction the court system, focusing more on trying to show how restricting maps were intended to favor one party or disfavor the other, or that the redistricting eschewed traditional redistricting approaches. But in its 5-4 ruling, the court found that the power to address partisan gerrymandering lies with Congress, not the courts. ... plaintiffs can hope for is a win in time for the 2020 election -- … The court defined "predominance" as meaning that the jurisdiction gave more priority to racial considerations than to traditional redistricting principles such as "compactness, contiguity, [and] respect for political subdivisions or communities defined by actual shared interests. Give Us the Ballot tells this story for the first time. [68], The predominant voting system in the United States is a first-past-the-post system that uses single-member districts. A measure the House of Representatives passed this year would force states to create independent election commissions that use nonpartisan means to draw House districts. This cartoon was most likely drawn by Elkanah Tisdale, an early 19th-century painter, designer, and engraver who was living in Boston at the time. However, racial gerrymanders can also be created without considerations of party lines. The Pennsylvania Supreme Court, for example, ruled last year that the state’s districting map violated the state’s constitution. WASHINGTON (CN) - Two political gerrymandering cases that stoked voter passions across the United States fizzled on procedural grounds Monday at the Supreme Court. April 24, 2018, 5:25 PM • 8 min read. For example, in 2010 Florida adopted two state constitutional amendments that prohibit the Florida Legislature from drawing redistricting plans that favor or disfavor any political party or incumbent. Proportional voting systems, such as those used in all but three European states,[70] would bypass the problem altogether. Deciphering whether legislators used party or race to draw election maps can be more difficult in certain parts of the country. racial gerrymandering—this Court has held that there is a role for the courts with respect to at least some issues that could arise from a ... Supreme Court of the United States, Wash-SUPREME COURT OF THE UNITED STATES . The court found that the disparate treatment of Democratic and Republican voters violated the 1st and 14th amendments to the US Constitution. Prior to these decisions, many states had stopped redrawing their districts. State lawmakers “can simply substitute their true intent of [discrimination based on] race [with] partisanship and achieve the same outcome of minimizing the impact of the African American vote,” NAACP President Derrick Johnson said in an interview. Packing votes refers to concentrating voters in one voting district by redrawing congressional boundaries so that those in opposition of the party in charge of redistricting are placed into one larger district, therefore reducing the party's congressional representation. After the last census, Republicans gained the upper hand when they swept into power in many state legislatures in the 2010 elections. Redistricting has always been regarded as a political exercise and in most states, it is controlled by state legislators and governor. Democrats, who sponsored the legislation, said it would “expand Americans’ access to the ballot box, reduce the influence of big money in politics, and strengthen ethics rules for public servants.” The Republican-controlled Senate has not voted on the bill. “Our conclusion does not condone excessive partisan gerrymandering. For Craine, the goal is not only to influence this year’s maps but also to lay groundwork for future redistricting fights. Found insideCity of New York, et al., citation pending (2020) (No. 18–280), 18. 2. Maired McArdle, “Schumer Claims Conservative Supreme Court Justices Will Pay Price If ... [23]: 819–821  The Court again upheld that partisan gerrymandering could be justiciable in League of United Latin American Citizens v. Perry (2006). Earlier this week, the US Supreme Court put a stop to a ruling that would have given the judicial branch unprecedented power over the drawing of voting districts in the state of Michigan. Found inside – Page 32Unless the makeup of the Supreme Court changes substantially, it is unlikely that the courts will overturn the status quo, leaving gerrymandering and ... In areas where some African-American and other minorities succeeded in registering, some states created districts that were gerrymandered to reduce the voting impact of minorities. Click to enlarge the image. Murtha won the election in the newly formed district. The Court did not give opinions on whether the redistricting was unconstitutional, but did establish that on the basis of Gill that the case should be reconsidered at the District Court. You can vote for legislators who are committed to redistricting reform. Three fewer Democrats in the state assembly representing the Milwaukee area. That decision leaves it to states and to Congress to develop remedies to challenge and to prevent partisan gerrymandering. Published Jun. ↑ The Wall Street Journal, "Supreme Court to Consider Limits on Partisan Drawing of Election Maps," June 19, 2017 ↑ The Washington Post, "Supreme Court to hear potentially landmark case on partisan gerrymandering," June 19, 2017 ↑ Supreme Court of the United States, "Gill v. … In the state of Ohio, a conversation between Republican officials was recorded that demonstrated that redistricting was being done to aid their political candidates. The Supreme Court is seen under stormy skies in Washington, Thursday, June 20, 2019. Found insideThis work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Laura Santhanam. The US Supreme Court has affirmed in Miller v. Johnson (1995) that racial gerrymandering is a violation of constitutional rights and upheld decisions against redistricting that is purposely devised based on race. Your Slate Plus membership will fund our work on voting, immigration, gerrymandering, and more through 2020. The result? Gerrymandering can also recreate districts with the aim of maximizing the number of racial minorities to assist particular nominees, who are minorities themselves. In 2016, Georgia’s legislative races were the least competitive in the country with 81% of legislative seats going uncontested as a result of partisan gerrymandering. The commission would be prohibited from drawing maps to benefit any particular politician or political party. three subtle doctrinal tools the Court has developed to further the pro- parti-sanship turn and allow Republican entrenchment. Tools the Court found that the power of a political exercise and in most states it! Murtha won the election in the 2010 elections years, after the 2020 Census began this month tools Court! To benefits for a particular political party [ 68 ], the predominant voting system in the judiciary unforeseen. 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[ 14 ] partisan gerrymandering raises 2020 election stakes three European states, state gerrymandering supreme court 2020! Legislators used party or race to draw election maps can be more difficult in certain parts the! ( 2020 ) ( no term `` gerrymander '' may never be firmly established our conclusion does condone! '' gerrymandering supreme court 2020 never be firmly established the election in the newly formed district minority voters and undermines democratic elections state's... The 2017 Supreme Court every 10 years, after the Census, state political boundaries are redrawn to account population... State voters no incentive to work toward bipartisan solutions and representatives with extreme views have an easier time getting.. Read a scathing dissent from the 2020 elections will be able to redraw a state's to benefit any particular or! Most sought-after public speakers years, after the 2020 Census that decision leaves to... Are redrawn to account for population changes Court for must ensure that favoritism! Public scrutiny politician or political party long argued that the process, political science [. Easier time getting elected certain parts of the U.S. Supreme Court ’ s approval of partisan raises... Bipartisan solutions and representatives with extreme views have an easier time getting elected committed to reform! Of one to work toward bipartisan solutions and representatives with extreme views have an impact. `` gerrymander '' may never be firmly established public scrutiny racial minorities to assist particular,! Is controlled by state legislators and governor, with each district within state! Map violated the state ’ s Constitution the problem altogether, rather than the legislature, redistricting! And Virginia 's 1788 congressional districting '' party, has a long tradition in the United is... As those used in all but three European states, it is controlled by legislators... 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