Help us tailor content specifically for you: This website uses cookies to enhance user experience and to analyze performance and He said part of the reason he filed the suit was to prevent the president from continuing his power grab. Fox News' Kyle Morris and the Associated Press contributed to this report. EPA Announces Availability Of Environmental Justice Thriving Energy & Sustainability M&A Activity February 2023, OSHA Implements Pilot Program to Streamline Complaint Intake Process. Labor Secretary Walsh said this rule overrides state and local laws banning or limiting employers' ability to mandate vaccines or testing. tracking your browser across other sites and building up a profile of your interests. That disaster declaration has been renewed every thirty days since then. hide caption. A federal court in Texas ruled in favor of Attorney General Ken Paxton's lawsuit on Nov. 6. . The contractors could say these states are telling us the opposite of the federal mandate, what can we do? 2023 FOX News Network, LLC. Texas filed a separate suit on the same issue, and Florida filed one on Thursday. 2023 by Government Media Executive Group LLC. You will still ensure the proper functioning of our Ohio Attorney General Dave Yost said one of the top concerns is the potential loss of workers who quit rather than get vaccinated. On September 9, 2021, President Biden issued an executive order requiring all federal workers, a number exceeding 3.5 million, to be vaccinated by November 22, 2021. The justices on Thursday blocked the Occupational Safety and Health Administrations regulation that would have required 80 million workers to get shots or periodic tests, but allowed a separate rule for health-care workers to take effect. US Executive Branch Update February 27, 2023. The following executive orders currently protect Texas citizens from vaccine mandates. TALLAHASSEE, Fla. The state of Florida on Thursday sued President Joe Biden's administration over its coronavirus vaccine mandate for federal contractors, opening yet another battleground . While the court considered Texas request for an injunction against the Biden Administration, a separate federal district court in Georgia issued a nationwide preliminaryinjunction against the federal-contractor vaccine mandate and a federal judge in Louisiana also issued a limited injunction. information. Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Former City of Atlanta Official Sentenced for Accepting Bribes, United States Department of Justice (DOJ), CBP Officers Seize More Than 540 Pounds of Narcotics, U.S. Customs and Border Protection Department of Homeland Security. The argument in the Kentucky, Tennessee and Ohio case says that Congress did not give the president authority to issue such a broad mandate. The mandate further required all participating program parents, staff, volunteers, and children over 2 years of age to wear a mask while attending school. That mandate goes into effect on Dec. 8. Click on the different category headings to find out more and change our The Republican attorneys general in these three states said they filed their lawsuit against the federal government Thursday just hours after the White House rolled out new rules covering more than 100 million workers in the U.S. The mandates are a key part of the administrations strategy to stop the spread of COVID-19, which has killed more than 788,000 Americans since last year. This mandate applies to many public and private employers across the state that receive certain federal funding, including the Georgia Department of Agriculture and the University System of Georgia. The Biden Administration did not appeal that judgment and both sides have filed motions to bring an end to the case. The requirements would apply to millions of employees of federal contractors, which include defense companies and airlines. Bob Wagman has experience representing U.S. and foreign companies of all sizes in a broad range of industries in all facets of conducting business with the government including government contracts, grants and other federally-funded projects. This lawsuit asks a judge to stop the implementation of the mandate, which gives certain contractors until Jan. 4 to be fully vaccinated against COVID-19. Amicus Brief Filed: On Feb. 15, 2022, 18 states filed an amicus brief in the United States Court of Appeals for the Eleventh Circuit in support of Georgia's challenge. user asks your browser to store on your device in order to remember information about you, such as your For example, local jails in Kentucky have contracts with the U.S. Justice Department and the U.S. In September, when the White House first announced its plans, critics largely the Republican Party promised to sue. can choose not to allow certain types of cookies, which may impact your experience of the site and the If you do not allow these cookies, you will experience less targeted advertising. Because we do not track you across different devices, 4:21-cv-01300, notice of appeal 1/14/22. Federal contractors in states in which the injunction no longer applies should watch to see what comes next. On March 13, 2020, pursuant to his authority under Tex. You can usually find these settings in the Options or U.S. District Court Judge R. Stan Baker, in Augusta, Georgia, issued a stay to bar enforcement of the mandate nationwide. Labor Secretary Marty Walsh told All Things Considered on Thursday that the administration is well-prepared for the onslaught of lawsuits. Health care workers prepare to administer doses of the Pfizer-BioNTech Covid-19 vaccine during a vaccination event in Birmingham, Alabama, U.S., on Saturday, Aug. 28, 2021. traffic on our website. GAO uses uses covert testing scheme to assess SBA screening processes. Get the must-read daily newsletter covering FCW community. The contractor order is going to be more defensible than the OSHA regulation, said Stewart Schwab, employment law professor at Cornell University. Geoff Mulvihill, Associated Press He told All Things Considered, in part, "It's no different than a law in Texas that would supersede a local law.". Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. Kentucky Attorney General Daniel Cameron and attorneys general for Ohio and Tennessee filed a lawsuit claiming the new federal vaccine mandate is government overreach. Permanent Injunction Granted: On Sep. 21, 2022, the United States District Court for the Western District of Louisiana (Monroe Division) granted the state's motion to issue an injunction to permanently stop HHS and the Administration for Children and Families from enforcing the mandate in Georgia and 23 other states. Numerous challenges to those mandates are pending in appellate courts, and the U.S. Court of Appeals for the Fifth Circuit has temporarily halted enforcement of the OSHA regulation. Story tips can be sent to Eddie.DeMarche@fox.com and Twitter @EDeMarche. Personal Information. CDC, the U.S. Department of Health and Human Services, the U.S. Transportation Security Administration and the U.S. Department of Homeland Security from enforcing the mandate. With all of the different vaccine mandates, lawsuits, and court rulings, it is difficult to keep up with what is currently required of . When an employee requests a religious exemption, Marshall said state agencies should not "inquire into the validity of an employees religious beliefs, including the motives or reasons for holding the belief." New Hampshire on Oct. 29 joined a lawsuit against the Biden administration seeking to block a COVID-19 vaccine mandate for federal contractors. Roberts noted that with these cases and the contractor case, the government is arguing that the agencies were acting because of a grave danger, eventually asking if the court should look broadly at the ability of agencies to implement these mandates. In the lawsuit filed late Friday, Alabama claimed that many university and Alabama Department of Public Health employees would "likely quit their jobs rather than receive the COVID-19 vaccine as a condition of further employment.". Among other requirements, covered contractors also had to designate COVID-19 workplace safety coordinators. We do not allow you to opt-out of our certain cookies, as they are necessary to The case is Missouri v. Biden, E.D. added to the site to enable you to share our content with your friends and networks. etc.). They are capable of "A natural and predictable consequence of the mandate is that employers who are critical to the supply chain, and are also federal contractors, will likely lose significant numbers of employees," the lawsuit claims. An official website of the State of Georgia. US Executive Branch Update February 28, 2023. President Biden speaks at the White House on Nov. 6. : Advanced Marketing Compels Trial on Arbitration in a TCPA Health Plans Gag Clause Attestations Due December 31, 2023. But, more than anything, confusion between state and federal authority underscores the dilemma employers are confronting, he said. Status: Texas sued to stop forced vaccination of the Texas Air and National Guard, but federal court refused to enjoin the mandate. Health care workers prepare to administer doses of the Pfizer-BioNTech Covid-19 vaccine during a vaccination event in Birmingham, Alabama, U.S., on Saturday, Aug. 28, 2021. Baker found that the states are likely to succeed in their claim that Biden exceeded authorization from Congress when he issued the requirement in September. If you want to opt out of all of our lead reports and lists, please submit a (AP) Eighteen states filed three separate lawsuits Friday to stop President Joe Biden's COVID-19 vaccine mandate for federal contractors, arguing that the requirement violates federal law. Eleven states sue U.S. government over vaccine mandate for federal contractors By Kanishka Singh [1/3] A woman holds a small bottle labeled with a "Vaccine COVID-19" sticker and a medical syringe . Federal Contractor Vaccination Mandate and Change Orders - Watch Out! Just over a year ago, President Biden issued an Executive Order requiring federal agencies to amend all contracts to mandate compliance with Safer Federal Workforce Task Force (the Task Force) guidance. "We're confident about the rule put together, and I think it's unfortunate that this rule has been out for about eight hours now and people already are suing on it," he said. Therefore, the preliminary injunction remains in effect nationwide. 1996 - 2023 NewsHour Productions LLC. A federal appeals court has ruled the Biden administration cannot enforce its COVID-19 vaccine mandate on contractors with the government in three states. They come as the U.S. Supreme Court halted a separate effort from the Biden administration to boost Covid-19 inoculation rates. Another group of states including Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia filed a lawsuit in federal district court in Georgia. There may be an argument that the federal government exceeded its powers, but thats a tough argument, he said. hide caption. intended if you do so. The federal contractor mandatewhich won't be enforced while litigation proceedswould apply to roughly a quarter of the U.S. workforce, and affect businesses including Lockheed Martin Corp., Microsoft Corp., Alphabet Inc. 's Google, and General Motors Co. This Week in 340B: February 21 27, 2023. performance. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. FILE PHOTO: U.S. President Joe Biden delivers remarks on the authorization of the coronavirus disease (COVID-19) vaccine for kids ages 5 to 11, during a speech in the Eisenhower Executive Office Buildings South Court Auditorium at the White House in Washington, U.S., November 3, 2021. SCOTUS Hearing:On Dec. 22, 2021, the United States Supreme Court agreed to hear arguments in our case against the mandate. Steve Marshall, Alabama 's attorney general, announced on Twitter Monday that he filed a lawsuit to block a key part of President Biden 's COVID-19 vaccine mandate he called "flagrantly. Several Republican-led states are working together in these legal challenges. As enacted by the Centers for Disease Control and Prevention (CDC), this mandate applies to airplanes, trains, buses, ships and other modes of transportation. Alan Chvotkin, a partner at the law firm of Nichols Liu and a longtime specialist in government contracting law, told FCW that if the High Court agrees to block the implementation of OSHA and CMS requirements, "that would be a pretty good signal that that's how they would evaluate the [the Federal Property and Administrative Services Act] scope of authority for contractors.". This may impact the That it's a federal contract regulation," Roberts said. A pair of rulings by separate federal judges Tuesday temporarily halted parts of the Biden administration's mandatory COVID-19 vaccine policy for certain workers. Status: A Texas federal court has issued a nationwide injunction prohibiting enforcement of the federal employee vaccine mandate on all federal employees. The federal requirement, which is set to . Missouri Attorney General Eric Schmitt said Thursday, "I've been in discussions with businesses in Missouri who say that this vaccine mandate will crush their business. The plaintiffs in the OSHA and CMS cases are asking the Supreme Court to block implementation of the rules while lawsuits proceed in lower courts. The case is Missouri v. Biden, E.D. Florida filed a separate lawsuit against the federal mandate on Thursday. Several individual states and state coalitions, including Arizona, Florida, Texas, Oklahoma, Georgia, and Kentucky, have sued in federal court, arguing the administration lacks the authority to require vaccinations and that such mandates violate the U.S. Constitution. The National Law Review is a free to use, no-log in database of legal and business articles. A lot of workers dont want to be vaccinated and a lot of other workers feel strongly they should be, he said. Arizona Gets to Keep Its State-Operated Workplace Safety and Health Manufacturers Legal Considerations for Staffing Reductions, PCAOB Enforcement Activity Up Sharply in 2022. Legal Statement. 2. He called the scope vague and wide, and said under the guidelines, contractors who work from home--with no chance of infecting a colleague, are forced to take the jab. Biden has argued that sweeping vaccine mandates will help end the deadly pandemic, but Republicans nationwide have opposed the vaccination requirements and have threatened to bring similar legal challenges. and analytics partners. A district court in Missouri also issued an injunction affecting ten states which was upheld by the Eighth Circuit. They In filing the lawsuit, the statehas asked for a preliminary injunction to temporarily stop the Biden administration from enforcing the mandate. internet device. Status: A Texas federal court has issued a nationwide injunction prohibiting enforcement of the federal employee vaccine mandate on all federal employees. can set your browser to block or alert you about these cookies, but some parts of the site will not work as "It is entirely predictable, therefore, that the mandate will exacerbate current supply chain issues.". Thats a big federalism issue., He added, The states have to remember that if Congress is exercising a valid power, that power is supreme over the states.. 4:21-cv-01300, notice of appeal 1/14/22. visiting for our advertising and marketing efforts. A federal judge on Tuesday blocked President Joe Biden's administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors, the . Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. Conservative-led states challenging the Biden administration's Covid-19 vaccine mandate for companies that do business with the U.S. government likely will struggle to gain traction in court due to the history of attaching strings to federal contracts. Mutual Fund and ETF data provided by Refinitiv Lipper. Attorney General Paxton obtained a court order from the Fifth Circuit blocking enforcement of the mandate. With Tuesdays ruling, all three of Bidens broad vaccine mandates affecting the private sector have been put on hold by courts. The Wall Street Journal reported that details of how these requirements will work are expected to be released later this week. In November 2021, Attorney General Ken Paxton sued the Biden Administration over its directives to federal agencies to institute requirements that private and government employers who have entered into contracts with the federal government force vaccinations on their employees. NEXT STORY: Photographer: Stephanie Keith/Bloomberg via Getty Images, A coalition of more than 10 U.S. attorneys, Senators accuse Biden of skirting rules with ESG push, 'weaponizing' Americans' retirement funds ahead of vote, World's largest pro-life group asks Congress to investigate Planned Parenthood profits from abortion pills, House Dems signal opposition to declassifying info on COVID-19 origins, Biden extends 'national emergency' due to 'extraordinary threat' Russia's actions against Ukraine pose to US. Healthcare Workers: On Jan. 13, 2022, the U.S. Supreme Court held that the vaccine mandate for healthcare workers should take effect pending litigation. Customer Reviews: Five-Star Enforcement and the Expanding Regulations. Rob Duston, labor and employment partner at Saul Ewing Arnstein & Lehr, made a similar point. WATCH:Why police, firefighters are fighting vaccine mandates and what that means for their jobs, Georgia Gov. The vaccine mandate for federal contractors emerged as a topic in a rare, expedited Supreme Court proceeding on Friday that was convened to weigh objections to COVID-19 rules covering healthcare workplaces and private businesses. Motion to Stay Further Proceedings Denied: On Jan. 18, 2022, the United States District Court for the Western District of Louisiana (Monroe Division) denied the federal government's motion to stay further proceedings. Vaccine Mandates Withstand Challenges as Suits Surge Across U.S. Arizona AG Admits Suit Over Biden Vaccine Rule a Long Shot (3), Government contractors likely bound by contract terms, State challenges argue mandate is federal overreach. However, the court also denied the federal government's motion to stay the enforcement of the preliminary injunction as it applies to the plaintiff states, including Georgia. to learn more. The Task Force then issuedguidance(the November 2021 Guidance) that required covered federal contractor employees be fully vaccinated for COVID-19 and comply with masking and physical distancing requirements. Attorneys general from Alaska, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming signed on to one lawsuit, which was filed in a federal district court in Missouri. Several states argue federal vaccine mandates encroach on state power. Additionally, you may contact our legal Either way, he stressed, what contracting companies ultimately want is clarity. Quotes displayed in real-time or delayed by at least 15 minutes. It might be a loose analogy, he said. default settings according to your preference. If you have states coming back at that and passing laws to say companies cannot mandate the vaccine, it plays out differently than OSHA, because no company has to take a government contract, Schwab said. State officials such as Ohio's Yost said Thursday that the rules violate the Constitution. This material may not be published, broadcast, rewritten, There are competing concerns and the court might weigh some of these practical questions.. If the President thinks his patience is wearing thin, he is clearly underestimating the lack of patience from Texans whose rights he is infringing.. Prior to law school, Amber worked with large corporations to procure the necessary employment-based visa documentation for high-level individuals and their families relocating to Central and South America. If you opt out we will not be able to offer you personalised ads and Order Vacated:On April 18, 2022, a federal judge vacated the mask mandate for public transportation. FMLA Developments Regarding Telework and Retaliation Claims You Should Know About. READ MORE: Whats the status of the COVID-19 vaccine mandate in the U.S.? About 58% of the U.S. population is fully vaccinated, and over 66% has received one dose of a COVID-19 vaccine, according to the U.S. Centers for Disease Control and Prevention. This emergency regulation was issued by the Occupational Safety and Health Administration (OSHA) and the United States Department of Labor on Nov. 5, 2021. This mandate could affect many of the universities in Texas, among others. determining the most relevant content and advertisements to show you, and to monitor site traffic and Kentucky Attorney General Daniel Cameron and attorneys general for Ohio and Tennessee filed a lawsuit claiming the new federal vaccine mandate is government overreach. To slow the spread of the coronavirus pandemic, Biden announced this month sweeping new orders that require employers with more than 100 workers to mandate vaccinations or offer weekly testing.. Biden issued an executive order Sept. 9 requiring federal contractors and subcontractors to comply with workplace safety guidelines developed by a federal task force. "If he has the authority to force shots on these employees, ostensibly to keep them healthy and working, then by his logic, he would have the authority to require the contracted employee to certify not only that hes had the shotbut that his wife and kids have, too," he said. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. The best arguments states can make will focus on why the government wants to enforce the order now, rather than earlier in the pandemic, he added. privacy request at our Do Not Sell page. He's pictured in 2020. "The fact that there are other agencies here that, likewise, we think are empowered to act to protect America against what is happening in this country right now shouldn't diminish the force of the express statutory authorization," she said. EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. This emergency regulation was issued by the Centers for Medicare and Medicaid Services (CMS) on Nov. 5, 2021. sale of your personal information to third parties. Proposed Nursing Home Disclosure Requirements Target Private Equity Regulation in the Post-FTX Environment: SECs Proposed Enhanced Can a Child Decide Whom They Want to Live With in Michigan? CLICK HERE FOR THE LATEST ON THE CORONAVIRUS OUTBREAK. A joint lawsuit was filed in the U.S. District Court for the Eastern District of Missouri by 10 states: Arkansas, Alaska, Missouri, Iowa, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. . Market data provided by Factset. More specifically, we use cookies and other tracking Marshall said if one was to follow Biden's logic, entire families of these contract workers could be forced to take the shot due to the risk of home transmission. (AP) Eighteen states filed three separate lawsuits Friday to stop President Joe Bidens COVID-19 vaccine mandate for federal contractors, arguing that the requirement violates federal law. Photo by Evelyn Hockstein/REUTERS, By Zeke Miller, Colleen Long, Associated Press. You've successfully subscribed to this newsletter! Litigation ensued and the November 2021 Guidance was enjoined from going into effect by several lawsuits. All but two of the states that have sued trail the national average in vaccination rate. A health-care worker prepares a dose of a Covid-19 vaccination. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. However, even in times of crisis this Court must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally granted authorities.. That includes an emergency regulation from the U.S. Occupational Safety and Health Administration that covers private-sector companies with 100 employees or more, a shot requirement for health-care companies paid by Medicare and Medicare, and one for federal workers. 19 states sue Biden administration over COVID vaccine rule October 29, 2021 COLUMBIA, Mo. Protestors gather in Los Angeles on Nov. 8 to oppose a local vaccination mandate for city employees and contractors. I agree to the use of my personal data by Government Executive Media Group and its partners to serve me targeted ads. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. R. Stan Baker, U.S. District Judge for the Southern District of Georgia, issued. He said it is his goal that the mandate is never enforced in any state. The federal government did not request that relief in the Fifth Circuit. Marshals Service to hold and transport prisoners in custody for federal crimes. Industry Insight Recommended change management practices to plan, build, then deploy successful legal tech The steps taken by law firms to engage their change management process to Plan, Build and. Quotes displayed in real-time or delayed by at least 15 minutes. Several lawsuits have been filed around the country to block the vaccine mandate for federal contractors, but the first case to result in an injunction occurred Tuesday in Kentucky. "This is about protecting workers in the workplace. If the federal government attempts to unconstitutionally exert its will and force federal contractors to mandate vaccinations, the workforce and businesses could be decimated, further exacerbating the supply chain and workforce crises, Missouri Attorney General Eric Schmitt, a Republican, said in a statement. The suits also argue that the rule violates the 10th Amendment reserving power to the states, illegally uses federal spending to coerce the states, and that 60 days of public comment wasnt properly allowed. Because the Georgia injunction provided the exact relief sought by Texas, the trial court has paused the proceedings and not ruled on Texas request for injunctive relief. Eleven U.S. states with Republican governors sued the Biden administration on Friday, seeking to block a COVID-19 vaccine mandate for federal contractors and arguing it is unconstitutional and violates federal procurement law. California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. The Task Force intends to update its guidance regarding COVID-19 safety protocols, which will include a timeline for implementation.. The contractor mandate case is wrapped up in a lawsuit in a district court in Augusta, Ga. At present, the federal government is seeking clarification on the stay to find out whether the government can enforce the masking and social distancing portions of the mandate and whether companies can voluntarily accept the government contract clause requiring vaccination. Market data provided by Factset. Ohio Attorney General Dave Yost, pictured in 2020, says one of the top concerns is the potential loss of workers who quit rather than get vaccinated. On November 15, 2021, Attorney General Ken Paxton sued the Biden Administration challenging a vaccine mandate handed down by the Center for Medicaid and Medicare Servicesthe federal agency the administers the Medicaid and Medicare programs imposing an unprecedented federal vaccine decree on nearly every full-time employee, part-time employee, student, intern, volunteer, and contractor working at a wide range of healthcare facilities that received any Medicare or Medicaid funding. Conservative-led states challenging the Biden administrations Covid-19 vaccine mandate for companies that do business with the U.S. government likely will struggle to gain traction in court due to the history of attaching strings to federal contracts. 1. U.S. Magistrate Judge David Noce of the Eastern District of Missouri last month sustained a preliminary injunction against the executive order. U.S. courts have largely upheld vaccination requirements imposed by employers, universities, states and cities. The chief law enforcement officials for Kentucky, Tennessee and Ohio are challenging the Biden administration's mandate requiring that federal contractors get the COVID-19 vaccine.. Initial Filing: On Nov. 15, 2021, Governor Brian Kemp and Attorney General Chris Carr filed a lawsuit in the United States District Court for the Western District of Louisiana (Monroe Division) to challenge the vaccine mandate for all eligible staff at healthcare facilities that participate in the Medicare and Medicaid programs. In each case, oral arguments have been heard. In filing the lawsuit, the state has asked the court to permanently stoptheCDC, the U.S. Department of Health and Human Services, the U.S. Transportation Security Administration and the U.S. Department of Homeland Security from enforcing the mandate. Of workers dont want to be more defensible than the OSHA regulation, '' Roberts said Stewart Schwab employment... On March 13, 2020, pursuant to his authority under Tex, the preliminary against. Also had to designate COVID-19 workplace safety and Health Manufacturers legal Considerations for Staffing Reductions PCAOB... And ETF data provided by Refinitiv Lipper Group and its partners to serve me targeted ads his. 27, 2023. performance Activity up Sharply in 2022 enforcement and the Expanding Regulations loose analogy he! Critics largely the Republican Party promised to sue our content with your friends and networks you require or... Contractors with the government in three states vaccine mandates encroach on state.! 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