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Saturday, April 2, 2016 "Justices asked to rule that racial bias trumps jury secrecy": Mark Sherman of The Associated Press has this report. Posted at 08:50 PM by Howard Bashman "Sen. Jerry Moran backtracks, 'didn't need hearings' for Supreme Court nominee; Change of course follows week of conservative backlash": Justin Wingerter of The Topeka Capital-Journal has this report. And Alex Leary of The Tampa Bay Times has a blog post titled "Rubio won't meet with Obama's Supreme Court pick." "Will next Supreme Court justice come from Atlantic Canada?" Kevin Bissett of The Canadian Press has an article that begins, "Officials in Newfoundland and Labrador are lobbying to have the next Supreme Court of Canada justice come from their province, but legal experts say the federal government will likely prioritize race or language over geography." And in Thursday's edition of The Toronto Globe and Mail, Sean Fine had an article headlined "Newfoundland lobbies Ottawa for spot on Supreme Court." "In PEI, the right to choose: No longer 'the shame of being shipped off the island.'" This article appears in today's edition of The Toronto Globe and Mail. And in Friday's edition of that newspaper, Sean Fine had an article headlined "PEI drops opposition to abortion, plans to provide access by year's end." "Hillary Clinton to attack Rebecca Bradley Saturday night": Mary Spicuzza of The Milwaukee Journal Sentinel has an article that begins, "Democratic presidential candidate Hillary Clinton will take aim at state Supreme Court Justice Rebecca Bradley during her Saturday night speech at the Founder's Day Dinner in Milwaukee. Clinton is expected to argue that there's no place on any court for someone like Bradley, citing the justice's comments about women, survivors of sexual assault, and gays and lesbians." And Shawn Johnson of Wisconsin Public Radio reports that "Kloppenburg Touts Her Impartiality, But Sends Partisan Signals On The Campaign Trail; Appeals Court Judge Says She's Earned Her Position While Bradley Owes Her Career To Walker." "Trump said he plans to announce a list of 10 to 12 judges from which he would pick to fill vacancies on the Supreme Court to allay concerns from conservatives that he wouldn't choose someone to their liking." Bob Woodward and Robert Costa of The Washington Post have an article headlined "In a revealing interview, Trump predicts a 'massive recession' but intends to eliminate the national debt in 8 years." It will be interesting to see how many of those judges are on Twitter. "On Alaska Supreme Court, a placid vacancy compared to federal furor": James Brooks of The Juneau Empire has this report. Posted at 09:54 AM by Howard Bashman "Boozman: Will meet Supreme Court nominee, won't support hearings." John Lyon of Arkansas News Bureau has this report. Posted at 09:52 AM by Howard Bashman "SCOTUS 4-4 Decisions Send Mixed Messages": Kimberly Robinson of Bloomberg BNA has this report. Posted at 09:48 AM by Howard Bashman "The negligent 4-year-old?" Eugene Volokh has this post at "The Volokh Conspiracy." Posted at 09:46 AM by Howard Bashman Friday, April 1, 2016 "Supreme Court Fight Rescues a Justice From Obscurity": Carl Hulse will have this new installment of his "On Washington" column in Saturday's edition of The New York Times. Posted at 10:06 PM by Howard Bashman "4-4 at the Supreme Court": Amy Davidson has this post online today at The New Yorker. Posted at 10:02 PM by Howard Bashman Programming note: After appearing with Tony Mauro of The National Law Journal this afternoon as a guest speaker for the Supreme Court Clinic of the Northwestern University Pritzker School of Law, I will be returning home to the Philadelphia area. As a result, additional posts will appear here tonight. In the interim, appellate-related updates likely will appear on this blog's Twitter feed. "Courtesy Calls Give Senators A Chance To Get To Know Supreme Court Nominees": This audio segment appeared on today's broadcast of NPR's "Morning Edition." Posted at 11:18 AM by Howard Bashman "Merrick Garland to Meet With More Republicans": Today at the "First Draft" blog of The New York Times, Carl Hulse has a post that begins, "The White House has lined up more meetings between the Supreme Court nominee Judge Merrick B. Garland and Republican lawmakers, with Senators Susan Collins of Maine and John Boozman of Arkansas scheduled to sit down with him on Tuesday." Posted at 11:11 AM by Howard Bashman "Garland bails on shot dog case": Josh Gerstein of Politico.com has this blog post. You can access today's ruling of a two-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. "Shirley Hufstedler, Pioneering Judge and First Cabinet-Level Education Secretary, Is Dead at 90": This obituary written by Sam Roberts appears in today's edition of The New York Times. Jill Leovy of The Los Angeles Times has written an obituary headlined "Shirley Hufstedler dies at 90; judge served as first secretary of Education." Emily Langer of The Washington Post has written an obituary headlined "Shirley Hufstedler, first secretary of the newly created Education Dept., dies at 90." And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has posted online a news release titled "Ninth Circuit Recalls Shirley M. Hufstedler." "If you are trying to access the Indiana Law Blog, it has gone dark, effective late Thursday, March 31, 2016." If you seek to access the "Indiana Law Blog" today, you will receive this message. On a more hopeful note, however, the message goes on to say that "the search for a sponsor has not quite ended, [and] it is possible the ILB may return within a few weeks." Posted at 10:54 AM by Howard Bashman "Outraged by Kansas Justices' Rulings, G.O.P. Seeks to Reshape Court": In Saturday's edition of The New York Times, Erik Eckholm will have an article that begins, "Washington is locked in partisan warfare over control of the Supreme Court. But it is hardly the only place. Look at the states, where political attacks on judicial decisions are common and well-financed attack ads are starting to jar the once-sleepy elections for State Supreme Court seats." Posted at 10:48 AM by Howard Bashman "Justice Scalia's cruel irony: His absences exposes truth about Supreme Court; Scalia's empty chair, and a 4-4 tie, prove again how political our Supreme Court has become." Law professor Eric Segall has this essay at Salon.com. Posted at 09:25 AM by Howard Bashman "Obama to return to U. of C. Law School to push for Garland": Lynn Sweet of The Chicago Sun-Times has this report. And Mike DeBonis of The Washington Post reports that "Obama to give speech in Chicago on Supreme Court vacancy dispute." Thursday, March 31, 2016 "The Growing Mess of the Supreme Court's Contraception Case": Jesse Wegman has this post today at the "Taking Note" blog of The New York Times. Posted at 11:40 PM by Howard Bashman "Merrick Garland heard Trump campaign manager's appeal over gun in 2003": Richard Wolf of USA Today has this report. Posted at 11:32 PM by Howard Bashman "D.C. Circuit Judge Brett Kavanaugh: Garland 'Supremely Qualified' for Supreme Court." Zoe Tillman of The National Law Journal has this report. Posted at 05:55 PM by Howard Bashman "Mason Receives $30 Million in Gifts, Renames School of Law After Justice Antonin Scalia; Largest Combined Gift in University's History Will Support New Scholarship Programs": George Mason University today issued a news release which states that "In recognition of this historic gift, the Board of Visitors has approved the renaming of the school to The Antonin Scalia School of Law at George Mason University." And at the "Grade Point" blog of The Washington Post, Susan Svrluga has an entry titled "George Mason law school to be renamed the Antonin Scalia School of Law." "Sasse: Obama's Supreme Court nominee 'dead on arrival.'" Chris Dunker of The Lincoln Journal Star has an article that begins, "Following an hourlong lecture on restoring the original intent of the Constitution at the University of Nebraska-Lincoln, Sen. Ben Sasse on Thursday said President Obama's nomination to the Supreme Court would not reach a vote of the full Senate." Posted at 04:33 PM by Howard Bashman "The Supreme Court vacancy is just the tip of the iceberg": Online at The Baltimore Sun, Tommy Tobin has an essay that begins, "The unfilled vacancy on the U.S. Supreme Court, while the most talked about right now, is just the latest in a long line of unfilled seats on the federal bench." Posted at 04:30 PM by Howard Bashman "Constitution Check: Is Ted Cruz's eligibility for the presidency a serious issue?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center. Posted at 04:20 PM by Howard Bashman "What's the California Supreme Court thinking? One justice gives us a clue." In today's edition of The Los Angeles Times, Maura Dolan has an article that begins, "Cases the California Supreme Court declines to review may be as important as the court's full-blown rulings, especially to the litigants. But little is known about why the court rejects certain appeals." Posted at 04:06 PM by Howard Bashman "Justice Kagan Just Wrote The Most Interesting SCOTUS Opinion Of The Year": Ian Millhiser has this post online today at ThinkProgress. Posted at 03:22 PM by Howard Bashman "Grassley leads slowdown of judicial confirmations": In today's edition of The Des Moines Register, Jason Noble has a front page article that begins, "Even before the current controversy over consideration of a Supreme Court justice, action on federal court nominations has slowed markedly since U.S. Sen. Chuck Grassley took control of the Senate Judiciary Committee." Posted at 03:00 PM by Howard Bashman "Supreme Court struggles with just eight justices": Richard Wolf of USA Today has this report. Posted at 02:53 PM by Howard Bashman Wednesday, March 30, 2016 Programming note; On Thursday morning, I will be traveling to Chicago, where, on Friday, Tony Mauro of The National Law Journal and I will be guest speakers at the Supreme Court Clinic of the Northwestern University Pritzker School of Law. As a result, additional posts will appear here on Thursday afternoon. In the interim, appellate-related updates likely will appear on this blog's Twitter feed. Fourth Circuit affirms district court's refusal to transfer juvenile for adult prosecution for murder in aid of racketeering because the mandatory penalties for that crime cannot lawfully be imposed on a juvenile: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Posted at 11:11 PM by Howard Bashman "Supreme Court Seen Easing Path to Challenge Some Environmental Regulations; Justices to decide on case regarding restrictions under the Clean Water Act": Brent Kendall of The Wall Street Journal has this report. Lawrence Hurley of Reuters reports that "Supreme Court sympathetic to property owner in wetlands dispute." Greg Stohr of Bloomberg News reports that "Justices Suggest Support for Landowners in Wetlands Case." And The Associated Press reports that "High court sympathetic to property owners in wetlands case." You can access at this link the transcript of today's U.S. Supreme Court oral argument in Army Corps of Engineers v. Hawkes Co., No. 15-290. "The Supreme Court's Plea for Health Insurance Help: The justices are split -- and desperate to find a solution that works for religious nonprofits and the government in a battle over birth control." Law professor Garrett Epps has this essay online at The Atlantic. And online at The Los Angeles Times, Michael McGough has an essay titled "The Supreme Court floats a contraception compromise." "The Supreme Court needs a ninth justice immediately": The Washington Post has this editorial. Posted at 09:52 PM by Howard Bashman "A Supreme Court Hijacking": Linda Greenhouse has this essay online at The New York Times. Posted at 09:48 PM by Howard Bashman "Supreme Court Rules Against Freezing Assets Not Tied to Crimes": Adam Liptak of The New York Times has this report. Robert Barnes of The Washington Post reports that "Supreme Court limits when the government can freeze defendants' assets." David G. Savage of The Los Angeles Times reports that "Supreme Court says 'untainted' assets of fraud suspects can be unfrozen, used to defend self." Jess Bravin of The Wall Street Journal reports that "Supreme Court Rules Assets Unrelated to Crimes Cannot Be Frozen; 5-3 decision found the right to counsel trumps government's interest in preserving funds for restitution." James Rosen of McClatchyDC reports that "Supreme Court rules for Miami defendant in Medicare fraud case." Sam Hananel of The Asociated Press has an article headlined "Justices: Government can't freeze assets unrelated to crimes." Matt Ford of The Atlantic has an article headlined "A Near-Epiphany at the Supreme Court: The justices come close to recognizing the perilous state of the American public-defense system." At Forbes.com, Daniel Fisher has a post titled "White-Collar Defendants Win As Supreme Court Protects 'Untainted' Money." And online at Bloomberg View, law professor Noah Feldman has an essay titled "You're Presumed Innocent. Is Your Money?" You can access at this link today's U.S. Supreme Court ruling in Luis v. United States, No. 14-419. And you can access the oral argument of the case via this link. "The Reverse Bartleby: A modest proposal for how Merrick Garland can outfox Republican obstructionists." Dahlia Lithwick has this jurisprudence essay online at Slate. Posted at 09:00 PM by Howard Bashman "Coffee juggler can't sue Sheetz over scalding, Pa. court says": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has an article that begins, "Concluding that her own inadvisable juggling act led to her injury, a state appeals court panel has refused to revive a lawsuit by a student who spilled scalding coffee on herself at a Sheetz convenience store." You can access yesterday's non-precedential ruling of a three-judge panel of the Superior Court of Pennsylvania at this link. "White House maps out next phase of Court fight; The administration feels like it has the advantage -- and plans to press the pace in April": Edward-Isaac Dovere of Politico.com has this report. And online at Politico Magazine, law professor Richard Primus has an essay titled "The Supreme Court: The Nightmare Scenario; A year without a justice is the least of our worries; We could be in for a full-scale constitutional meltdown." "How we'll know who's right about advice and consent": Law professor Jamal Greene has this op-ed online at The Los Angeles Times. Posted at 08:44 PM by Howard Bashman "Constitution Check: If the Supreme Court splits 4-to-4, does anybody win?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center. Posted at 08:42 PM by Howard Bashman "Shirley Hufstedler, R.I.P." Today at his "Southern California Appellate News" blog, Ben Shatz has a post that begins, "Shirley Hufstedler -- a giant in the legal profession and of her generation -- passed away this morning." In addition to her other accomplishments, Hufstedler served as a judge on the U.S. Court of Appeals for the Ninth Circuit from September 1968 to December 1979. "'Docs v. Glocks' law heading to federal appeals court in June": Jim Saunders of The News Service of Florida has an article that begins, "Readying for oral arguments in June, attorneys for the state and Second Amendment groups are urging a full federal appeals court to uphold a 2011 Florida law that would restrict doctors from asking questions and recording information about patients' gun ownership." Posted at 08:30 PM by Howard Bashman "Pa. court reverses death sentence in gruesome murder": Michaelle Bond of The Philadelphia Inquirer has an article that begins, "The state Supreme Court reversed a death sentence of a Coatesville man convicted of fatally shooting his teenage neighbor in 2008 and dismembering the body with a chainsaw." And Michael Rellahan of The Daily Local News of West Chester, Pennsylvania reports that "Death penalty vacated in chain saw death in Coatesville." You can access yesterday's ruling of a unanimous Supreme Court of Pennsylvania at this link. "From judge to justice: the case for Merrick Garland." Law professor Laurence H. Tribe has this essay online at The Boston Globe. Posted at 07:16 PM by Howard Bashman "Testing Territorial Limits: A crop of court cases could change the relationship between the United States and its territories." Vann R. Newkirk II of The Atlantic has this report. Posted at 07:06 PM by Howard Bashman "Alabama's Death Penalty Needs to Go: In light of the Supreme Court's ruling against judicial override in Florida, one state remains where judges alone can decide life or death." Ashley Cleek has this jurisprudence essay online at Slate. Posted at 04:37 PM by Howard Bashman "Pa. justice: Review Porngate emails of every judge and lawyer." In today's edition of The Philadelphia Inquirer, Mark Fazlollah has a front page article that begins, "Pennsylvania Supreme Court Justice Debra McCloskey Todd said Tuesday that she had urged the Judicial Conduct Board and the disciplinary board for lawyers to review the emails of every judge and lawyer involved in the Porngate scandal, which has cost two of her colleagues their seats on the high court." Posted at 04:30 PM by Howard Bashman Tuesday, March 29, 2016 Programming note: On Wednesday, I will be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here by late Wednesday afternoon. At 10 a.m. eastern time on Wednesday, the U.S. Supreme Court is scheduled to issue one or more rulings in argued cases. The decisions will be available via this link just as soon as the Court posts them online. "Supreme Court Hints at Way to Avert Tie on Birth Control Mandate": Adam Liptak of The New York Times has this report. Robert Barnes of The Washington Post reports that "Reality of a divided Supreme Court: A split decision and a search for compromise." And Jess Bravin of The Wall Street Journal reports that "Supreme Court Struggles to Deal With 4-4 Split; A pair of developments revealed the new dynamic of a court equally divided between conservatives and liberals." "Kirk becomes first GOP senator to meet with Garland": Lisa Mascaro of The Chicago Tribune has this report. Columnist Lynn Sweet of The Chicago Sun-Times has an essay titled "Senate GOP must be 'rational' about court pick, Kirk says." The Associated Press reports that "Garland holds first meeting with GOP senator, Kirk of Ill." Reuters reports that "Senator Kirk criticizes fellow Republicans on Garland boycott." And Burgess Everett of Politico.com reports that "Kirk rips 'closed-minded' GOP on Garland nomination." "How Democrats could force a Supreme Court vote; Sen. Grassley expects them to use a rare procedural maneuver to press the issue": Seung Min Kim of Politico.com has this report. Posted at 08:25 PM by Howard Bashman "Texas AG files Supreme Court brief against Obama immigration plan": Lomi Kriel of The Houston Chronicle has this report. You can access the Brief for the State Respondents filed yesterday in the U.S. Supreme Court at this link. "Kane creates solicitor general post in Pennsylvania Office of Attorney General": Brad Bumsted of The Pittsburgh Tribune-Review has this report. Angela Couloumbis and Jeremy Roebuck of The Philadelphia Inquirer report that "AG Kane hires Bruce Castor as top aide." Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania reports that "Kathleen Kane hires new 'second in command' to oversee AG's office." And Carl Hessler Jr. of Montgomery Media reports that "Former Montgomery County DA Bruce Castor appointed to new post created by Kane." "Making sense of the #SCOTUS Order in Zubik v. Burwell Based on Oral Argument Questions": Josh Blackman has this blog post. Posted at 06:10 PM by Howard Bashman "Years after win, couple still battle EPA to build dream home": Robin Bravender of Greenwire has an article that begins, "In 2012, an Idaho couple won big in the Supreme Court when the justices ruled they could bring a legal challenge against U.S. EPA enforcement actions that blocked the construction of their dream home." Posted at 06:07 PM by Howard Bashman "U.S. Supreme Court Asks Parties for Paths to Settling Religious Contraception Case; Move suggests high court may be seeking to avoid 4-4 tie on a ruling": Brent Kendall and Louise Radnofsky of The Wall Street Journal have this report. Posted at 04:20 PM by Howard Bashman "Supreme Court's Split on Union Dues Could Be Harbinger of More Deadlocks; Tie underscores how much one justice can affect the direction of closely divided court": Brent Kendall and Jess Bravin of The Wall Street Journal have this report. Posted at 04:18 PM by Howard Bashman "A Prescription for Religious Liberty": Today at National Review's "Bench Memos" blog, Ed Whelan has a post that begins, "In two weeks, the Supreme Court is scheduled to decide whether to hear one of the most important Free Exercise cases in decades." Posted at 04:16 PM by Howard Bashman "Justices seem to seek compromise in birth control case": Mark Sherman of The Associated Press has this report. Lawrence Hurley of Reuters reports that "U.S. top court seeks more information in contraception insurance case." Greg Stohr of Bloomberg News reports that "High Court Order on Contraceptives Hints at Possible Compromise." At "SCOTUSblog," Lyle Denniston has a post titled "Court seeks new way to decide birth-control cases." In commentary, Ian Millhiser of ThinkProgress has a post titled "How To Make Sense Of The Baffling Order The Supreme Court Just Handed Down On Birth Control." And at the "Bill of Health" blog, Greg Lipper has a post titled "About that Order for Supplemental Briefing in Zubik v. Burwell." U.S. Supreme Court requests supplemental briefing in Zubik v. Burwell: You can access at this link the order issued only minutes ago. The parties' responses are due April 12, 2016, with the ability to file reply briefs no later than April 20, 2016. Posted at 02:04 PM by Howard Bashman "High court nominee Garland's record of backing journalists": Bob Egelko of The San Francisco Chronicle has this report (subscription required for full access). You can freely access the full text of the article via Google. Posted at 02:00 PM by Howard Bashman "High court deadlocks on union fees for California teachers": Bob Egelko of The San Francisco Chronicle has this report. Howard Mintz of The San Jose Mercury News reports that "California teachers union survives U.S. Supreme Court challenge." And Brian Mahoney and Josh Gerstein of Politico.com report that "Supreme Court deadlocks in key labor case." "In Iowa, Grassley takes flak for court stance": Jason Noble has this front page article in The Des Moines Register. And online at that newspaper's web site, Noble has an update headlined "Grassley: No 'lame duck' appointment for Supreme Court nominee." Seung Min Kim of Politico.com reports that "Supreme Court vise closes on Grassley; The Judiciary Committee head insists he's not bending in the Garland confirmation clash; But the pressure has only begun." And The Associated Press reports that "Amid Supreme Court battle, Grassley seeks friendly audience." "NC attorney general refuses to defend state from HB2 legal challenge": Anne Blythe of The News & Observer of Raleigh, North Carolina has an article that begins, "Roy Cooper, the N.C. Attorney General, said on Tuesday that his office will not defend North Carolina officials and state agencies against the law adopted last week that strikes down locally enacted protections for lesbians, gay, bisexual and transgender people." Posted at 01:38 PM by Howard Bashman "Court again dismisses creditors' case from Tribune Co bankruptcy": Reuters has this report about a revised ruling that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today. Posted at 01:30 PM by Howard Bashman "Influence of Chief Justice John Marshall: Jeffrey Rosen spoke about on the influence of former Chief Justice John Marshall, who served from 1801-1835." C-SPAN has posted online at this link the video of this recent Supreme Court Historical Society event, at which Chief Justice John G. Roberts, Jr. delivered introductory remarks. Posted at 01:16 PM by Howard Bashman "Opinion analysis: Result but no guidance on public unions' fees." Lyle Denniston has this post at "SCOTUSblog." And online at Bloomberg View, law professor Noah Feldman has an essay titled "Unions Get Lucky at the Supreme Court." "'Star Trek' Lawsuit Now Explores What Vulcans and Vampires Have in Common; Plus, the 19th-century Supreme Court case that is being called upon to knock the contention that the language of Klingon is copyrighted": Eriq Gardner has this post today at the "THR, Esq." blog of The Hollywood Reporter. Posted at 01:04 PM by Howard Bashman "Unions Win Fee Victory as Supreme Court Ties 4-4": Adam Liptak of The New York Times has this report. Robert Barnes of The Washington Post reports that "Supreme Court deadlocks over public employee union case; Calif. teachers must pay dues." And David G. Savage of The Los Angeles Times reports that "Supreme Court's tie vote upholds public employee fees for unions." "Judges Coercing Lawyers to Donate to Charities": Ronald D. Rotunda has this essay online at Justia's Verdict. Posted at 10:44 AM by Howard Bashman "The Merrick Garland Project": Available online at this link from the New York University Law Review. Posted at 10:10 AM by Howard Bashman Access today's ruling of the U.S. Supreme Court in an argued case: In Friedrichs v. California Teachers Assn., No. 14-915, the Court issued a per curiam decision affirming the judgment by an equally divided Court. You can access the oral argument via this link. In early news coverage, The Associated Press reports that "Supreme Court deadlock upholds win for unions in fee case." Lawrence Hurley of Reuters reports that "Split U.S. Supreme Court rejects conservative challenge to union fees." Greg Stohr of Bloomberg News reports that "Mandatory Union Fees Survive as U.S. Supreme Court Deadlocks." And Richard Wolf of USA Today reports that "Public employee unions dodge a Supreme Court bullet in tie vote." Monday, March 28, 2016 "Sen. Kirk, here's how you can persuade the GOP to consider Merrick Garland": Law professor Geoffrey R. Stone has this essay online at The Chicago Tribune. And online at The National Law Journal, Geremy C. Kamens has an essay titled "Garland Fumbled His Debut Appellate Opinion; He's a good man for the job, but an early decision was not the high court nominee's best work." "Rebecca Bradley, JoAnne Kloppenburg signal political leanings": Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, "The candidates for state Supreme Court are largely mum about their views on key cases, but they have given clear signs showing incumbent Rebecca Bradley lines up with conservatives and challenger JoAnne Kloppenburg with liberals." Posted at 10:35 PM by Howard Bashman |
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