Circuit Courts of Appeals. Our Standards: The Thomson Reuters Trust Principles. While political affiliation isnt an indicator alone of how a judge might rule, it reflects what a president wants in an appointment. This button displays the currently selected search type. x+ | 91 0 obj R. Lanier Anderson 13. Biden's nominee for 11th U.S. AUSTIN, Texas A federal appeals court Friday ruled in favor of a Texas law targeting major social media companies like Facebook and Twitter in a victory for Republicans who accuse the . [4] On June 19, 2014 her nomination was reported out of committee by voice vote. The program, which would allow eligible borrowers to cancel up to $20,000 in debt, has been blocked since the 8th U.S. Trump's push to fill vacancies on the federal bench extended to lower courts. 133 (b). Leonard Leo, who took leave from his role as executive vice president of the Federalist Society to advise the White House on judicial nominations, said there is tremendous desirability to flipping circuits that are majority liberal activists. But Leo said that every White House is subject to the vagaries of when a judge decides to retire.. The two appellate courts closest to shifting to Republican-appointed majorities are the Atlanta-based 11th U.S. Kavanaugh, for instance, was among the conservative justices who joined earlier this year in reversing Roe v. Wade, overturning a half-century of constitutional protection for abortion rights. In August, Biden went even further, authorizing the Department of Education to provide up to $20,000 in debt cancellation to students who qualified for debt forgiveness. In private practice, she represented both plaintiffs and defendants in civil litigation in state and federal courts at both the trial and appellate level. A lot and I mean a lot has to happen to make a successful sexual harassment claim in the 11th Circuit.. All of the dissenting judges were Democratic appointees. <>stream Federal judges commonly reject the notion that they're politically aligned with the president responsible for their lifetime appointments. United States Court of Appeals. "[10], Last edited on 30 November 2022, at 05:45, United States Court of Appeals for the Eleventh Circuit, Barack Obama judicial appointment controversies, "Hon. Their rulings can be challenged before the U.S. Supreme Court, but most such appeals are turned away because the top court typically hears fewer than 100 cases annually. For legal experts and reproductive rights advocates, it was a stunning abandonment of longstanding precedent that showed the real-world effect of Trump's judicial appointments, which deepened the high court's conservative majority to 6-3. Four years later, that court is positioned to hear a high-stakes dispute between the Justice Department and Trump over the FBI's search of his Mar-a-Lago home last month. So lets just see if the court believes thats whats really going on, or if this was kind of a campaign promise that was trying to be fulfilled in a different way. Click here for reprint permission. In a recent interview, the 88-year-old judge said he has hung photos of his law clerks on the walls of his chambers in Jacksonville, Fla., since he became an appeals court judge. This is a solid leftist circuit and will be for some time to come. 228 F.3d 1255, 1260-62 (11th Cir. If the Biden administration loses in the Supreme Court and it goes back to the lower court, the lower court has to decide what the remedy is. During law school, she was president of Stanford Universitys Federalist Society. DV@Bby-JwZ
'2r#FN%Jwu1/I(T1HM}` c`Zr6oov{%6 Lf, ~fP Sixth Circuit(Mich., Ohio, Ky., Tenn.): This circuit has eleven Rs and five Ds, and three of the judges were appointed by Donald Trump. Of course it would allow a huge, massive $400 billion program to go forward.. With the opinion, Cannon effectively paused a key facet of the Justice Department's criminal inquiry into whether the former president violated the Espionage Act and other federal laws that bar the concealment, alteration, and destruction of government records. endobj Circuit Court of Appeals has also flipped to majority GOP-appointed judges. "Republicans have lost two of the last three Supreme Court races," says Sachin Chheda, a Milwaukee-based Democratic strategist who oversaw the campaigns of Supreme Court Justices Rebecca Dallet and Jill Karofsky. endobj The swearing-in ceremony was a celebration of just one of the six judges former President Donald Trump would appoint by the end of his term to the 11th Circuit, an appeals court where his administration left a particularly lasting mark in its frenzied push to fill the federal bench. In the 12 months leading up to March, 31, 2015, just under 12,000 cases were filed in the 9th Circuit more than 4,000 more than the next-largest circuit, the 5th Circuit. Brasher received a unanimous Well Qualified rating to serve on the circuit court from the ABA committee that reviews judicial nominees. But the. Even if Trump fills all of them, Democratic-appointees would still hold a 16-13 majority. Yes, for sure, Walker said. But he said it will be up to those same clerks and his wife, Marcia, to give him honest appraisals of his mental fitness.When I start to slip, Tjoflat said, itll be time to hang it up., When asked about his appointment to the bench more than four decades ago, Tjoflat replied, It still seems like yesterday.. The district court found that it had diversity jurisdiction un-der 28 U.S.C. Bush and Reagan each appointed 2%. With lawmakers in Georgia, Ohio, Tennessee, and Michigan considering similar bills, it's likely more courts will be called on to decide whether platforms have a First Amendment right to moderate content on their sites. Trump's imprint on the 11th U.S. It was a point Kavanaugh made at the August 2018 swearing-in ceremony for Grant. I think if you kind of listen to the questions from the conservative members of the court, they still seemed really skeptical of that argument.. 1332. Gerald Tjoflat is now the longest-serving active federal appeals court judge, having surpassed 42 years on the bench. Since taking office, Mr. Trump has confirmed two Supreme Court justices, 47 federal appeals court judges, and 112 federal district court judges. [2] Both of Georgia's senators refused to return the "blue slips" on her nomination, effectively blocking the nomination. Sen. Richard Shelby (R-Ala.) touted Brashers background in a Senate floor speech, highlighting his undergraduate degree from Samford University and law degree from Harvard. For the Eleventh Circuit _____ No. Some responses have been edited for length and clarity. Stanley Marcus 6. In a 2-1 ruling, a three judge panel of the U.S. Court of Appeals for the Sixth Circuit overturned a prior injunction against enforcing the state law which makes it a crime for a person to . And its being used to kind of provide pretty blanket relief for tens of millions of individuals. Alabama has asked for a rehearing, which would be heard by the entire 12-judge 11th Circuit if the request is granted. Circuit court covers the smallest geographical area but is really the second most powerful court after the Supreme Court because it hears cases based on regulations promulgated by federal agencies located in the District of Columbia, of which there are many. Eighth Circuit(N.D., S.D., Neb., Minn., Iowa, Mo., Ark. "Britt Grant understands the role of a judge. But in Cannon's ruling, many experts saw an exercise in legal gymnastics, with a judge contorting her reasoning to fit the needs of a president responsible for her nomination to the federal bench. On January 3, 2013, she was renominated to the same judgeship. Im running out of room on the wall, Tjoflat said with a chuckle. Circuit Court of Appeals concluded was so broad and so vague that it could prohibit anti-abortion or anti-immigration advocacy. Mike Davis, president of The Article III Project which backs Mr. Trumps judicial nominees, said its important for the president to flip the federal appeals courts so when cases that decide binding law for the circuit are heard by the full panel of active judges, Republicans are at an advantage. Sign up for notifications from Insider! ARAnqh+H-$%}7y@gT(M Courthouse in Cincinatti is the home of the often-reversed 6th Circuit Court of Appeals. William Pryor 2. Isnt it time we heard from UGAs Kirby Smart? Flipping courts that have solid Democratic-appointee majorities will be difficult for Trump. Even if Trump fills both, Dems will still have an absolute majority. endstream Circuit Court of Appeals is unhinged radical Biden's nominee for 11th Federal Circuit Court of Appeals, Nancy Abudu, is unhinged radical, conservative groups assert Conservative groups: Biden's nominee for 11th U.S. But it won't be. Long considered the most liberal court in America, the 9th U.S. Pryor was born in Harrisburg, Pennsylvania . Jill A. Pryor Lawyer Profile on Martindale.com", "President Obama Nominates Jill A. Pryor to Serve on the US Court of Appeals", "President Obama Re-nominates Thirty-Three to Federal Judgeships", "On the Cloture Motion (Motion to Invoke Cloture on the Nomination of Jill A. Pryor, of Georgia, to be U.S. Opinions like this have a way of growing legs," she said ahead of the Justice Department's filing Thursday. Stanley Marcus 12. Charles Wilson 7. It surprises me. On Thursday, the Justice Department asked a federal judge to overturn a key part of a controversial ruling that blocked investigators from reviewing classified materials seized from Mar-a-Lago and signaled plans to appeal the decision to the 11th Circuit in the interest of national security. She received her Juris Doctor from Yale Law School in 1988, serving on the editorial board of the Yale Law Journal. Fifth Circuit(Texas, La., Miss. Trump appointed one of the Rs. One judge on the federal appeals court in Atlanta has made history. The change took place when Judges Robert Luck and Barbara Lagoa received commission. The fate of President Bidens $400 billion student debt relief program is now in the hands of the Supreme Court, whose decision as to whether Biden overstepped his executive power could significantly impact the lives of over 40 million U.S. student loan borrowers. Circuit Court of Appeals on June 6, 2016, while hearing the San Diego-based case Peruta v. County of San Diego involving concealed-carry gun permits. Tenth Circuit(Wyo., Utah, Colo., Kan., Okla., N.M.): This court has five Rs and seven Ds and no vacancies. On Tuesday, conservative justices seemed to express doubt that the law allows it. President Donald Trumps plan to quickly reshape the nations federal appeals courts has taken hold in Atlanta, with the infusion of two conservative jurists and another one on the way. So far, he has largely kept his promise. Trump appointed two judges here. They say his work on cases involving voting and LGBT rights in his role as Alabamas solicitor general make him unfit for the role. And thats what I think the conventional view is right now, that you cant sue to challenge a federal agency action in federal court unless you have a concrete injury, and its hard to kind of find a concrete injury here and I dont think thats going to do much. "In our constitutional system, a judge must be independent, must keep an open mind in every case, and must decide cases based on the facts and the law, not based on personal or policy views," he said. With a Republican House, Republican Senate, and Republican president, such a bill can be passed. Trumps Democratic predecessor, Barack Obama, appointed 55 in eight years as president. Unfortunately, over eight years, Obama packed them with leftists as much as he could. Is it a remedy that applies nationwide that invalidates the program for everyone? The San Francisco-based 9th U.S. But Arizona Republican Jeff Flake is holding up her confirmation in protest of the administration's imposition of tariffs on U.S. allies. A circuit court vacancy is created when a judge takes a form of semi-retirement known as senior status.. Every Democratic judge appointed always lives up to leftist ideals, but Republican judges are not nearly as reliable on the conservative side. With the addition of Judge Luck, the circuit now has six active Republican-appointed judges and six Democratic-appointed ones. Trump appointed one of the Rs. The population in the two circuits, which include Alabama, Georgia, Florida, Louisiana, Mississippi, and Texas, is around one-fifth Black. Ed Straker is the senior writer atNewsmachete.com. The trial judge's order was widely panned as an unwarranted interjection into a criminal inquiry. The two appellate courts closest to shifting to Republican-appointed majorities are the Atlanta-based 11th U.S. Trump has filled two vacancies on the 11th Circuit withformer Georgia Court of Appeals Judge Elizabeth Branch and former Alabama solicitor general Kevin Newsom. [3] She received a hearing before the full panel of the Senate Judiciary Committee on May 13, 2014. Even in the San Francisco-based Ninth Circuit, a reliably liberal appeals court, Mr. Trump has significantly narrowed the gap between judges appointed by Democratic and Republican presidents . Cannon asked for recommendations by Friday from the Justice Department and Trump for candidates to serve as the special master, along with procedures for the arbiter's review. One active federal judge, Carmen Consuelo Cerezo of the District of Puerto Rico, was appointed by Carter. Oops, this content can't be loadedbecause you're having connectivity problems, Stay always informed and up to date with our breaking news alerts, - The Washington Times - Tuesday, November 19, 2019. So if a circuit has ten Ds and five Rs, it is possible for a three-judge panel to be composed of a majority of Rs. In other words, is there a plaintiff that has standing? There are three important caveats to note. On July 31, 2014, the Senate voted 5833 to invoke cloture on Pryor's nomination. The judges on the 11th U.S. The U.S. Senate confirmed Andrew Brasher to the Atlanta-based federal appeals court, increasing the conservative lean on a court central to voting rights cases. The breakdown on that bench is now seven Republican-appointed active judges to six Democratic. I think were going to have to wait till the end of the term to see the ruling, Walker said. Ninth Circuit(Calif., Wash., Ore., Idaho, Mt. The 11th Circuit has drawn important lines in the sand. As pro-business as the 11th Circuit is, sexual harassment cases are on life support, Atlanta lawyer Lee Parks said. Does this surprise you? <>stream And the high court ultimately ruled 5-4 that a key section of the 1965 Voting Rights Act was unlawful. Amid uncertainty about the ruling, intelligence agencies have temporarily paused the "critically important work" of assessing the national security threat posed by Trump's handling of government materials, the Justice Department added. David Weinstein, a former federal prosecutor in South Florida, told Insider that an appeal was necessary to address the immediate and long-term ramifications of Cannon's ruling "for every other case, in any district, where an aggrieved party would seek to insert a special master in between law enforcement and whatever items they seize during a search. The U.S. Court of Appeals for the Fifth Circuit ruled that the case's plaintiffs, a group of 10 Republican states, lacked standing to challenge the policy, according to the . Prior to his appointment to the Supreme Court, he served as a judge on the United States Court of Appeals for the Third Circuit. So far this century, only one Black judge has been confirmed to the two appellate courts in the Deep South, the 5th and 11th U.S. The makeup of the 11th Circuit, with its majority of Trump-appointed judges, is among the potential challenges the Justice Department will confront as it responds to Cannon's decision. She has served on the State Bar of Georgia Board of Governors and on the Board of Directors for the Georgia Legal Services Program. Beverly Martin He flipped the 3rd U.S. With the Republican-led Senate rapidly considering and confirming many of his judicial nominees, Trump already has appointed 26 appeals court judges. Circuit Court of Appeals. Luck cleared the Senate Tuesday by a 64 to 31 vote. Additionally, Pryor was formerly a member of the Lawyers Advisory Committee of the United States Court of Appeals for the Eleventh Circuit as well as a member of the Executive Committee of the American Bar Association's Council of Appellate Lawyers.[2]. Circuit Judge)", "Pryor, Jill Anne Federal Judicial Center", "KELVIN LEON JONES, ROSEMARY MCCOY, et al., PLAINTIFFS-APPELLEES, versus GOVERNOR OF FLORIDA, FLORIDA SECRETARY OF STATE, DEFENDANTS-APPELLANTS", https://en.wikipedia.org/w/index.php?title=Jill_A._Pryor&oldid=1124730083, This page was last edited on 30 November 2022, at 05:45. BREAKING: 11th Cir upholds but narrows injunction against Biden COVID-19 vaccine mandate for federal contractor workforce. Walker spoke to Yahoo News about some of the key arguments and questions that came from Tuesdays Supreme Court hearing and what the potential outcomes could be. Cannon, a Trump appointee confirmed in 2020, conferred on the special master broad powers that went beyond filtering records potentially subject to attorney-client privilege to also include documents that might be subject to claims of executive privilege. One of the core issues in both cases is whether Biden can use a 2003 law in order to create the debt forgiveness program,and whether a national emergency like the COVID-19 pandemic is sufficient grounds for a president to issue a blanket cancellation of federal student loan debt. The name of the incumbent, the reason for the vacancy, the vacancy date, the nominee (if applicable), and the nomination date. Curt Levey, president of the conservative Committee for Justice, praised Trumps appointments on the 11th Circuit. The 11th Circuit was the third appellate court to change from a majority of Democrat-appointed judges to Republican-appointed judges since President Trump took office. Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. The Sixth Circuit is the court that recently ruled in Planned Parenthood of Greater Ohio The 11th Circuit has also made it extremely difficult for plaintiffs to prevail in hostile work environment claims. "Moreover, the government and the public are irreparably injured when a criminal investigation of matters involving risks to national security is enjoined.". % Brasher also clerked on the Eleventh Circuit and argued before the Supreme Court three times as Alabama solicitor general. Two of the Rs were appointed by Donald Trump. In the span of one week, the Senate flipped two of the thirteen appellate courts. She received her Bachelor of Arts degree in 1985 from the College of William & Mary, graduating Phi Beta Kappa and Omicron Delta Kappa. Phyllis Kravitch 16. I presume they are one and the same, but they may not always be. I think it was pretty clear there are five, if not six, votes to apply the major questions doctrine., Walker explained, When presidents arrive in office they want to implement their ambitious policy agenda and, at least in recent years, find a Congress thats unwilling to do that. We take very seriously the idea of separation of powers and that power should be divided to prevent its abuse, Chief Justice John Roberts said. The swearing-in ceremony was a celebration of just one of the six judges former President Donald Trump would appoint by the end of his term to the 11th Circuit, an appeals court where his. After college, she worked for President George W. Bush, serving in a number of domestic policy positions. https://lnkd.in/ezQa4Ydr <>stream Access your favorite topics in a personalized feed while you're on the go. But it won't be the last. The Senate Democrats and their left wing allies are attacking one of the presidents judicial nominees for his legal work on behalf of his clients, Mike Davis, the president and founder of the conservative Article III Project. Judge Beverly Martin, perhaps the 11th Circuits most liberal member, dissented and called the jails conditions flagrantly unconstitutional. These are really complicated cases and unless the court all agrees there isnt standing and even then theres going to be at least some members of the court that would dissent on that. All quotes delayed a minimum of 15 minutes. ): The Third Circuit has five Rs and seven Ds and two vacancies. The circuit's appellate court, which covers California, Washington, Oregon, Arizona, Nevada, Idaho, Hawaii, Alaska, and Montana, has long been stereotyped as a liberal outlier, prone to. The suit was filed by inmate Oberist Saunders, who contended the jails mental health unit was stifling hot with little or no air circulation. In his push to remake the judiciary with conservatives, President Donald Trump flipped the Eleventh Circuit last year, giving Republican-appointed judges a majority over their colleagues appointed by Democrats. Second Circuit(N.Y., Vt.): The Second Circuit has four Rs and seven Ds and two vacancies. The U.S. Court of Appeals for the 11th Circuit temporarily blocked Senator Lindsey Graham from testifying before a special grand jury investigating Donald Trump's efforts to overturn the. v. Warner Chappell Music, Inc., et al. A Look at 11th Circuit Court Judges The Associated Press November 17, 2000 The federal appeals court considering George W. Bush's constitutional challenge to vote recounts in Florida's disputed presidential election includes four judges selected by Bush's father when the elder Bush was president. What happened here is the Trump and Biden administrations were pausing payments on student loans during COVID, understandably, because of the economic impact, and this was a way to gradually restart the process. Circuit Court of Appeals Tuesday and will flip the federal appeals court to a majority of Republican-appointed active judges with another confirmation later this week. Edward Carnes 3. These 13 courts wield considerable power, usually providing the last word on rulings appealed from lower courts on disputes involving federal law. The Eleventh Circuit was once a court with distinguished jurists appointed by Republican and Democratic presidents, judges like Frank Johnson (Carter) and Elbert Tuttle (Eisenhower). With his appointments, Trump named nearly a third of the 179 federal appellate judges. Adalberto Jordan 8. In October, a federal appeals court blocked the imminent cancellation of federal student loans. The fate of President Biden's $400 billion student debt relief program is now in the hands of the Supreme Court, whose decision as to whether Biden overstepped his executive power could significantly impact the lives of over 40 million U.S. student loan borrowers. But the federal appeals courts in Chicago and New York later issued contrary opinions, ruling that federal law forbids workplace discrimination based on someone's sexual orientation. Obama appointed the largest share of currently active federal judges at 38%, while George W. Bush named 20% of the total. Because of this low percentage, the Court . Eleventh District. "She reveres the Constitution and she will work every day to preserve the American rule of law.". Its been very encouraging.. Bush Administration. The 11th Circuit, which presides over Georgia, Alabama and Florida, often takes on some of the most hotly contested issues of the day: abortion, police brutality, gun control, immigration, the. Trump's third nominee, Georgia Supreme Court Justice Britt Grant, was expected to be a slam-dunk confirmation in the full Senate. Here, then,is a list. endobj His appointees and their conservative colleagues made their presence known in a September 2020 opinion that allowed Florida to make it harder for felons to vote. ", Weinstein added that although six of the appeals court's 11 active judges are Trump appointees, the 11th Circuit "is a conservative set of judges that very often rules in favor of the government and have done so in the past.". It's surprising that Alabama and Georgia, very conservative states,. An 11th Circuit three-judge panel on July 25 revived a civil rights lawsuit challenging the state of Alabamas move to prevent the city of Birmingham from increasing the minimum wage. Although there are no guarantees a judge will rule the way a president might like, the number of Republican and Democratic appointees is generally an indicator of an appeals courts conservative-liberal balance. A lot of attention is paid to the ideological balance of the Supreme Court, which is the ultimate arbiter of too many things in America nowadays. Tjoflat said he still enjoys hashing out legal issues with bright young law clerks fresh out of law school. mv>iwD-K'?`z=Nhs L.epkFVh&dYnH.k|8WpXw^qIN
:+oB5Bugy:^KB^6YsMgiC7Nr}`*@z{ VA#=H.E#]@Je[Z?7da:D/9VS;'*4H President Biden's plan will cancel some of the federal student debt held by millions of Americans . In its filing Thursday, the Justice Department said it planned to "provide its views on those issues" by the Friday deadline. But its often overlooked that 99-plus percent of all cases are decided by the lower courts, said Carrie Severino, chief counsel and policy director of the conservative Judicial Crisis Network. Ketanji Brown Jackson (of Washington, D.C.): On February 25, 2022, President Joe Biden announced that he would nominate Judge Ketanji Brown Jackson to succeed Stephen Breyer as an associate justice of the Supreme Court of the United States. A Jimmy Carter-appointed judge dissented. In addition to Grant, Trump appointed Judges Kevin Newsom; Elizabeth Branch; Robert Luck; Barbara Lagoa; and Andrew Brasher to the 11th Circuit. Brasher currently sits on the U.S. District Court for the Middle District of Alabama, a position hes held for under a year. In an order widely criticized for its dubious claims about executive privilege and unusual solicitude to Trump's demands, Judge Aileen Cannon blocked federal prosecutors from further examining the materials until an outside arbiter known as a "special master" completed an independent review. The Senate also voted to end debate, or invoke cloture, on four district court nominees for courts in Alaska, Missouri, Illinois and New York. I dont think so. Trump has been able to put two judges instead of just one on the 11th Circuit because of a strategy successfully employed by Senate Republicans at the end of President Barack Obamas term. Q)J`H@,q=1/3(&z> lmH 53E:Yn`%o{5{lvj+-U+j?H/5$ F The Second Circuit flipped last week when the Senate narrowly confirmed White House lawyer Steven Menashi to that bench. Jurisdiction exists under 1332 where (1) the This case in some ways is about what the role of courts is in our system to decide what the president can do and what the president cant do without Congress, Chris Walker, a law professor at the University of Michigan, told Yahoo News. ): The First Circuit has four Democrats and two Republicans and no vacancies. His father, Jim Rankin, worked as an editor for the newspaper for 26 years, retiring in 1986. And, of course, judges who are faithful to the Constitution as its written. By general law, the district courts have been granted the power to review final actions taken by state agencies in carrying out the duties of the executive branch of government. that the 1361 mandamus petition was not a "civil action" subject to 1915(g). Circuit Court of Appeals Tuesday and will flip the federal appeals court to a majority of Republican . Among them were fifth circuit rulings upholding a . Most times, cases are not heard "en banc" that is, by the entire circuit. Or are they going to have a much narrower remedy that just applies to the loan service providers that are in the lawsuit?, You never know with the Supreme Court, but if I had to guess, they would rule on the standing grounds to say that neither the states nor the individual plaintiffs have standing, Walker said. The Potter Stewart U.S. Fourth Circuit(Md., W.Va., Va., N.C., S.C.): The Fourth Circuit has five Rs and ten Ds and no vacancies. Circuit court of Appeals Inc., et al such a bill can passed... To 1915 ( g ) and will flip the federal Appeals court judge, having surpassed 42 years the... Responses have been edited for length and clarity courts wield considerable power, usually providing the.! Student loans of course, judges who are faithful to the Constitution and she will work every day to the... Flipped to majority GOP-appointed judges a 16-13 majority Friday deadline 9th U.S. Pryor born. 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