A Primal Scream

Notice: I was interviewed for a podcast (“What the Gerrymander”) that will drop at midnight tonight. You can find it here, if interested: https://podcasts.apple.com/us/podcast/what-the-gerrymander/id1668429440

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Wanda Sykes has the ability to be both funny and a dead-on critic of social insanity. A recent quip making the rounds on social media will illustrate: “Until a drag queen walks into a school and beats eight kids to death with a copy of ‘To Kill a Mockingbird,’ I think you’re focusing on the wrong shit.”

The quote perfectly encapsulates what frustrates and angers the vast majority of Americans– people posturing as “pro life” and insisting that their censorship and homophobia are intended to “protect children,” while adamantly opposing rational gun regulation.

The priorities of the Right don’t just seem incompatible to most of us, they increasingly seem incomprehensible. But a book I recently read, suggested by a commenter to this blog, gave me a better understanding of the context of today’s culture wars and those who fight them. It was Stephen Prothero’s Why Liberals Win the Culture Wars (Even When They Lose Elections).

Prothero filled in some details of U.S. history that I’d previously missed. For example, I knew that Thomas Jefferson was criticized for his departures from orthodox Christianity, but I had not previously understood how incredibly widespread and vicious that criticism was. As a member of a marginalized minority, I was aware that American Catholics had also been subjected to significant discrimination–but I had no idea of the extent and duration of America’s anti-Catholicism. A colleague who studied Mormon history had clued me in about anti-Mormonism, but–again–I had been unaware of the extent of the cultural animus focused on Mormons.

These and other revelations really did provide a context–and predicted outcome– for our current cultural battles.

As Prothero points out, it is almost fore-ordained that the “liberal” side (the forces militating for inclusion and acceptance–i.e., the “woke” side) will win such conflicts. That’s because these “wars” only begin when the people waging them realize they are already close to losing–that the social environment is already significantly changed from the certainties with which they are comfortable, and within which they are privileged.

For some number of Americans, that loss is terrifying and unsupportable.

In analyzing partisan jockeying for the upcoming election, Jennifer Rubin identified  positions being taken by the GOP–on abortion, guns, and LGBTQ+– issues that clearly repel a majority of Americans, and explained that “Voters enthralled with turning politics into primal scream therapy don’t much care about a viable agenda or electability.”

Bingo!

Together, Rubin and Prothero explained what I previously found incomprehensible. For those of us who expect rational behavior by partisans engaged in an electoral contest, the recent trajectory of the Republican party has been mystifying. After all, it isn’t that Republican strategists don’t know that abortion bans, for instance, are costing them elections; as a recent Roll Call article reported.

The generic ballot has shifted toward Democrats, with Republicans losing ground among independents on the abortion issue, according to a new polling memo from a GOP firm that fell into Democratic hands.

“There has been a 6 point swing in the last year on the Generic Senate ballot from R+3 to D+3. This movement is [led] overwhelmingly by Independent and NEW voters that identify abortion as one of their top issues,” according to a “National Issue Study” by co/efficient, which was in the news recently as one of the pollsters for Kentucky Republican gubernatorial nominee Daniel Cameron.

The poll, conducted April 20-24, had similar findings on the House side. “There has been a 10 point swing in the last year on the Generic House Ballot from R+6 to D+4. This movement is [led] overwhelmingly by Independent and NEW voters that identify abortion as one of their top issues,” it said on slide seven. “Reproductive Freedom is the #1 issue among those that DID NOT vote in 2020.”

Other polling has confirmed the negative response of voters to efforts to demonize drag queens, attack trans youth, censor books and turn librarians into felons. These are not rational policy positions for a political party aiming to win elections. Given sufficiently large turnout by opposition voters, not even extreme gerrymandering and the Electoral College can save GOP control.

Prothero’s book, Sykes’ quip, and Rubin’s observation all point to the same conclusion. As Prothero put it, America’s intermittent culture wars only begin when the warriors realize they are on the cusp of losing.

What we are experiencing right now is their “primal scream.”

“Woke” folks will win the culture. The danger, however, is the considerable harm that will be done in the meantime in places like Indiana where Republicans pandering to the screamers remain in power.

Absent massive turnout by Democrats, independents and new voters, rational Americans can still lose the vote.

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Sunday Sermon

Today, I will be delivering a talk–shared below– to Danville’s UU Congregation, addressing our legislature’s assault on trans children.

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Let me begin this talk by quoting from the introduction of a recent article in the New York Times:

When the Supreme Court declared a constitutional right to same-sex marriage nearly eight years ago, social conservatives were set adrift.\

The ruling stripped them of an issue they had used to galvanize rank-and-file supporters and big donors. And it left them searching for a cause that — like opposing gay marriage — would rally the base and raise the movement’s profile on the national stage.

“We knew we needed to find an issue that the candidates were comfortable talking about,” said Terry Schilling, the president of American Principles Project, a social conservative advocacy group. “And we threw everything at the wall.”

What stuck to that wall was the issue of transgender identity, particularly that of young people. As the article went on to detail, the effort to restrict transgender rights has supplanted same-sex marriage as an animating issue for social conservatives. It has reinvigorated a network of conservative groups, increased rightwing fund-raising and set the Right’s agenda in school boards and state legislatures, including Indiana’s.

Nothing like fear of a demonized “Other” to gin up the troops….

I was asked to address the legal issues triggered by the Indiana General Assembly’s efforts to keep trans children from receiving appropriate medical care. I will do that—but before I do, I think it is critically important to point out that what we are experiencing in the U.S. right now, not just in Indiana, isn’t just an attack on the autonomy of women and the existence of trans people; it’s a political calculation that is also part of a wholesale attack by MAGA partisans on the Bill of Rights and long-settled principles of American jurisprudence.

The purpose of the Bill of Rights was—in Justice Jackson’s immortal words—”to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and establish them as legal principles to be applied by the courts.” Or, less eloquently, as I used to tell my students, the Bill of Rights answers a deceptively simple question: who decides? Who decides what book you read, what God you worship (or if you do), what politics you endorse, who you choose to marry, whether you choose to procreate…who gets to dictate what philosophers call your telos—the ultimate aims and objectives that you have chosen and that shape your life?

From 1967 to last year, America’s Courts answered that question by upholding a doctrine called substantive due process—often called the individual’s right to privacy or personal autonomy. That doctrine recognizes the existence of an intimate “zone” that governments have no right to enter— a set of personal decisions that must be left up to the individuals involved.  That doctrine, first enunciated in Griswold v. Connecticut, recognized the libertarian principle embraced by the nation’s founders.

Those who crafted America’s constituent documents were significantly influenced by the philosophy of the Enlightenment, and its then-new approach to the proper role of the state. That approach rejected notions of monarchy and the “divine right” of kings (in other words, the overwhelming authority of the state) in favor of the principle that Individuals should be free to pursue their own ends–their own life goals–so long as they did not thereby harm the person or property of someone else, and so long as they were willing to accord an equal liberty to their fellow citizens.

When I was much younger, that principle, and the importance of limiting government to areas where collective action was appropriate—keeping the state out of the decisions that individuals and families have the right to make for themselves– was a Republican article of faith. It was basic conservative doctrine. Ironically, the MAGA folks who inaccurately call themselves conservative today insist that government has the right—indeed, the duty– to invade that zone of privacy in order to impose rules reflecting their own particular beliefs and prejudices.

That process requires the use of other inaccurate labels. We’re hearing a lot about “parental rights,” for example—but we sure aren’t hearing about the rights of parents who want to treat their children’s gender dysmorphia or who want their children to have access to a wide range of books, or to be taught accurate history. In MAGA world, parental rights extend only to parents who agree with them. (A more accurate label would be “parental privileges.”)

Indiana’s legislature has now gone home, but before they left, the culture warriors who dominate that legislature passed measures doing irreparable harm to trans children. That same gerrymandered legislature was first in the nation to pass an almost complete ban on abortion after Dobbs was handed down. It was the same legislature that ignored law enforcement warnings and passed “permit-less carry,” and the same legislature that has conducted a years-long effort to destroy public education in Indiana.

I think it’s really important to understand that denying medical care to defenseless trans children isn’t a “stand-alone” position. It’s part of an entire worldview that is anti-choice, pro-gun, anti-immigration, racist, anti-Semitic and homophobic, a worldview that is autocratic and profoundly anti-American. The good news is that it’s a worldview held by a distinct minority of Americans—and that minority has gotten substantially smaller since the recent judicial and legislative assaults on women and LGBTQ+ people. The bad news, of course, is that—thanks to gerrymandering– that minority controls far too many legislative bodies, very much including Indiana’s.)

What is my evidence for the assertion that these are minority positions?

According to a Pew Research Center poll conducted in 2021, before Dobbs, 59% of Americans believed that abortion should be legal in all or most cases, while 39% believed it should be illegal in all or most cases. In a Gallup poll earlier this year—after Dobbs— 35% of Americans said abortion should be legal under anycircumstances, and another 50% said the procedure should be mostly legal, but with some restrictions. Only 13% responded that it should always be illegal. (What’s that old saying? You don’t know what you have until you lose it…)

It isn’t just abortion.

In a 2021 Gallup poll, 56% of Americans said they believe gun laws should be stricter, while 43% said they should remain as they are or be less strict.

In a Pew poll from 2021, 60% of Americans said that immigrants strengthen the country, while 37% said that they burden the country.

In another poll that year, 70% of Americans supported same-sex marriage while only 28% said it should be illegal. That level of support explains why the GOP has shifted its main focus from same-sex marriage to transgender people; the public is less familiar with transgender people, so they can more easily be demonized.

With that background, let me turn to the legal issues. On April 5th, Indiana’s ACLU– joined by the national organization– filed a 47-page complaint challenging the discriminatory and cruel anti-trans measure signed by Governor Holcomb. Let me just read the opening paragraph of that Complaint:

Over the sustained objection and concern of medical professionals, Indiana passed Indiana Senate Enrolled Act 480, effective July 1, 2023, which prohibits transgender minors from receiving what the law labels as “gender transition procedures.” These prohibited interventions are evidence-based and medically necessary medical care essential to the health and well-being of transgender minors who are suffering from gender dysphoria, a serious condition that can lead to depression, anxiety and other serious health consequences when untreated. By denying this medically necessary treatment to minors, the State of Indiana has displaced the judgment of parents, doctors, and adolescents with that of the government. In so doing, the State has intruded on the fundamental rights of parents to care for their minor children by consenting to their receipt of doctor-recommended and necessary care and treatment. This violates due process. Additionally, by singling out for prohibition the care related to “gender transition,” the law creates a facial classification based on sex and transgender status, violating the equal protection rights of transgender adolescents. It also violates their bodily integrity and is fundamentally irrational, which violates due process. And, to the extent that it prohibits the provision of essential services that would otherwise be authorized and reimbursed by Medicaid, the law violates the federal requirements of the Medicaid Act and the Affordable Care Act. It also intrudes on the First Amendment rights of doctors and other practitioners.
Speaking of intrusions on Constitutional rights, the ACLU has also filed two cases challenging Indiana’s abortion ban. The first case argues that the ban violates Indiana’s constitution. In my view, the second case is the really important challenge—it’s based upon religious liberty. Your Unitarian Church—along with several other Christian denominations, the Jewish community, and an assortment of other minority religions– has an extremely important interest in both its argument and outcome.

I’m one of many people who are convinced that abortion bans are prompted by a desire to return women to a subservient status– but those bans are publicly justified by equating a fertilized egg with a human person. As doctors will confirm, that is a religious precept, not a medical one. It’s a belief held by some Christian sects, but it is at odds with doctrinal beliefs held by other Christian denominations and by adherents of other religions. In Judaism, the health of the pregnant woman takes priority over that of the fetus throughout pregnancy, and the fetus does not have equal moral status with the mother until the head emerges from the womb.

If the Indiana Supreme Court upholds the ban, it would be favoring one part of one religion over others—a violation of the First Amendment, and ironically, a violation of Indiana’s version of the Religious Freedom Restoration Act., or RFRA. As you will all recall, that act was passed in order to justify discrimination against LGBTQ+ citizens. (What’s that saying about karma??) I’m relatively optimistic about Indiana’s Supreme Court, since none of its justices appear to be clones of Clarence Thomas or Samuel Alito.

So here we are.

MAGA Republicans are waging culture war against a fundamental premise of American governance—what Justice Brandeis once called “the right to be left alone”—a premise that animates the Bill of Rights and for the past 56 years has been protected by the explicit doctrine of substantive due process—the premise that there are decisions government doesn’t get to make.

I may disagree with your choice of religion or politics or life partner, but my disapproval is irrelevant. Even if a majority of Americans disagree with your choices, in our system, they are yours to make. Absent harm to others, government must “butt out.”

The Indiana legislature’s assaults aren’t just against women or trans people—these assaults should be seen for what they are: an effort to overturn a fundamental principle of American government.  And if that effort is successful, it won’t just be trans children who suffer. None of us will have rights that government will be obliged to respect.

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Pool Tables And Gas Stoves

Sometimes, we need to remind ourselves that drumming up fear to achieve less-than-admirable ends is nothing new.

I was on the treadmill the other day, listening to old show tunes on my iPods. ( My very unsophisticated musical tastes run to Dean Martin and the Rat Pack, although I make exceptions, especially for show tunes.) I was speed-walking to the Music Man. 

“Ya Got Trouble” was the song sung by Professor Harold Hill when he is using the fact that a pool hall has opened in River City to stoke fear in the city’s residents.

You probably remember:

Friends, let me tell you what I mean. You got one, two, three, four, five, six pockets in a table. Pockets that mark the diff’rence Between a gentlemen and a bum, With a capital “B,” And that rhymes with “P” and that stands for pool! And all week long your River City Youth’ll be frittering away, I say your young men’ll be frittering! Frittering away their noontime, suppertime, chore time too! Get the ball in the pocket, Never mind gettin’ Dandelions pulled Or the screen door patched or the beefsteak pounded. Never mind pumpin’ any water ‘Til your parents are caught with the Cistern empty On a Saturday night and that’s trouble, Oh, yes we got lots and lots a’ trouble. I’m thinkin’ of the kids in the knickerbockers, Shirt-tail young ones, peekin’ in the pool Hall window after school, ya got trouble, folks.

Hill ramps up his warning, telling the “fine folks” of River City what’s in store:

One fine night, they leave the pool hall, Headin’ for the dance at the Armory! Libertine men and Scarlet women! And Rag-time, shameless music That’ll grab your son and your daughter With the arms of a jungle animal instinct.

Scary! Hill warns that, “the idle brain is the devil’s playground!” But then he offers the antidote to all this evil: a boy’s band. For which he will sell them the instruments and band uniforms.

Contemporary Harold Hills are selling medicines for imaginary diseases  all around us.

Did the Consumer Product Safety Commission issue a finding that gas stoves can cause asthma in small children? OMG! “They” are coming for our gas ranges! Those “woke” bureaucrats in Washington are going to ban the use of gas cookstoves, and they probably won’t even pay compensation! That’s what you get when you let Democrats run the administrative branch of government!

The fear and frenzy stirred up by GOP culture warriors prompted the head of the agency to issue a statement confirming the research results and the fact that the CPSC is looking for ways to reduce indoor air quality hazards, but does not intend to ban gas stoves. 

CPSC also is actively engaged in strengthening voluntary safety standards for gas stoves.  And later this spring, we will be asking the public to provide us with information about gas stove emissions and potential solutions for reducing any associated risks.  This is part of our product safety mission – learning about hazards and working to make products safer. 

There’s a lesson here for Americans who laughed at the comedic effectiveness of Harold Hill, or are currently marveling at the ability of Republican culture warriors to convince lots of people that “the government” is coming for their gas stoves. Stoking fear about– and then directing anger against– otherwise innocuous matters, works. In the Music Man, the tactic sold band instruments; in the great gas stove eruption, it allows angry citizens to confirm their anti-“wokeness” and determination to vote against “the libs.”

We see the tactic all around us. 

Are LGBTQ people more visible? Those Drag Queen story hours and library books about Heather’s Two Mommies are turning toddlers gay!

Are the kids learning about events we older folks didn’t encounter in school? Things like the Trail of Tears or the Tulsa massacre? Allowing teachers to include the seamier side of American history is a “woke” attack on American Exceptionalism and the firmly-held belief that we are–and have always been–the good guys.

Did epidemiologists tell us to  protect our friends and families from disease by wearing masks during a pandemic? They are obviously part of that “woke” elite that is constantly attacking American freedom!

Etcetera, etcetera.

Ya got trouble, my friend–right here in  America! You need to fight back. Threaten the library. Scream at school board members and have the smug culture warriors who dominate your legislature tell teachers what they can and cannot say. Insist that the President fire Dr. Fauci! (Whoops–too late. He retired.)

And tell your friends on Facebook that the government will have to pry your gas stove out of your cold, dead, oven-mitted hands.

Harold Hill clones are everywhere.

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When Common Sense Became “Woke”

In a recent column, Paul Krugman traced the growing anti-environmentalism of the GOP. He noted that, in the 1990s, self-identified Republicans and Democrats weren’t that far apart in their environmental views, but that since 2008 or so, Republicans have become much less supportive of environmental initiatives. After considering several possible reasons for that devolution (“follow the money” among them), he concluded that

What has happened, I’d argue, is that environmental policy has been caught up in the culture war — which is, in turn, largely driven by issues of race and ethnicity. This, I suspect, is why the partisan divide on the environment widened so much after America elected its first Black president.

One especially notable aspect of The Times’s investigative report on state treasurers’ punishing corporations seeking to limit greenhouse gas emissions is the way these officials condemn such corporations as “woke.”

Wokeness normally means talking about racial and social justice. On the right — which is increasingly defined by attempts to limit the rights of Americans who aren’t straight white Christians — it has become a term of abuse. Teaching students about the role of racism in American history is bad because it’s woke. But so, apparently, are many other things, like Cracker Barrel offering meatless sausage and being concerned about climate change.

If this seems crazy, it’s because it is. Evidently, a substantial percentage of the American population is certifiably looney-tunes…

One of the most compelling explanations for that insanity was recently offered by Tom Nichols in the Atlantic. Nichols was opining about  political violence, or the possibility of another civil war. As he noted, however,  the actual Civil War was “about something.” Unlike today’s culture wars.

Compared with the bizarre ideas and half-baked wackiness that now infest American political life, the arguments between the North and the South look like a deep treatise on government.

Nichols writes that the “soldiers” fighting “wokeness” talk about “liberty” and “freedom,” but those are really just code words for personal grudges, racial and class resentments, and generalized paranoia.

What makes this situation worse is that there is no remedy for it. When people are driven by fantasies, by resentment, by an internalized sense of inferiority, there is no redemption in anything. Winning elections, burning effigies, even shooting at other citizens does not soothe their anger but instead deepens the spiritual and moral void that haunts them.

Donald Trump is central to this fraying of public sanity, because he has done one thing for such people that no one else could do: He has made their lives interesting. He has made them feel important. He has taken their itching frustrations about the unfairness of life and created a morality play around them, and cast himself as the central character. Trump, to his supporters, is the avenging angel who is going to lay waste to the “elites,” the smarty-pantses and do-gooders, the godless and the smug, the satisfied and the comfortable.

In other words, Trump is leading the battle against “woke” folks. You know, people who have the nerve to suggest that conclusions should be based upon verifiable evidence, that many if not most of the issues we face are complicated, and that knowledge and expertise are desirable and not simply an elitist construct devised to make less educated people feel inferior.

It”s “woke” to admit that racism and anti-Semitism and homophobia still exist; “woke” to recognize that climate change is real and that it threatens our future; “woke” to criticize the “Big Lie;” “woke” to argue that women are entitled to agency over their own lives and bodies…

To those on the political Right, to be “woke” doesn’t simply describe people who have awakened to obvious realities and begun trying to ameliorate inequities. To the True Believers, the Christian Nationalists, “woke” is today’s “mark of the beast.” 

So here we are.

“Wokeness”  no longer means you’ve reached certain conclusions about contemporary society based on research, observation and  common sense. It’s morphed. It has become a label to be applied to one’s mortal enemies–and a threat to be defeated at all costs. 

 It is simply not possible for rational folks to reason with the True Believers. The old adage is right–you can’t reason people out of positions they didn’t reason themselves into. 

Welcome to the all-encompassing culture war.

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Republicans Do Have An Agenda

A number of pundits have focused on the apparent lack of a GOP agenda going into the midterm campaign season.  They’ve noted that Mitch McConnell (aka “Dr. Evil”) has all but disavowed the list of unpopular proposals that Rick Scott produced earlier this year, and the lack of any other Republican platform.

So there’s no GOP agenda? Texas Republicans beg to differ.

As Heather Cox Richardson recently reported, Texas Republicans have put everything we suspected “out there” for all to see.  And if that platform, that agenda, that fever dream, doesn’t make chills run down your spine, there’s something wrong with you.

Delegates to a convention of the Texas Republican Party approved platform planks rejecting “the certified results of the 2020 Presidential election, and [holding] that acting President Joseph Robinette Biden Jr. was not legitimately elected by the people of the United States”; requiring students “to learn about the dignity of the preborn human,” including that life begins at fertilization; treating homosexuality as “an abnormal lifestyle choice”; locking the number of Supreme Court justices at 9; getting rid of the constitutional power to levy income taxes; abolishing the Federal Reserve; rejecting the Equal Rights Amendment; returning Christianity to schools and government; ending all gun safety measures; abolishing the Department of Education; arming teachers; requiring colleges to teach “free-market liberty principles”; defending capital punishment; dictating the ways in which the events at the Alamo are remembered; protecting Confederate monuments; ending gay marriage; withdrawing from the United Nations and the World Health Organization; and calling for a vote “for the people of Texas to determine whether or not the State of Texas should reassert its status as an independent nation.”

If this autocratic, theocratic and incredibly stupid wish list appeals to even a significant minority of Texans, I hope they will “assert Texas’ status as an independent nation” and secede.  Rational human beings–not to mention people who believe in the rule of law and the clear meaning of the Constitution and Bill of Rights–won’t miss them.

If Americans needed any further evidence of just how far the GOP has deviated from its former beliefs–not to mention sanity–Texans have just provided it.

Unfortunately, the GOP lurch off the radical cliff isn’t limited to Texas.

Here in Indiana, we’ve long had Republican legislators who are looney-tunes–the gun nuts who want everyone to be able to pack heat with no license or background check; the religious warriors who want to define religious liberty as the (limited) right of every American to live in accordance with the warriors’ own religious doctrines; the anti-intellectuals who fear new ideas and want to dictate educational curricula (or just replace the public schools with vouchers to be used primarily at religious schools); and of course, a hearty sprinkling of garden-variety homophobes and racists– but generally, saner heads within the super-majority have somewhat dampened their influence.

We’ve also been lucky that pious Pence was replaced by Eric Holcomb. While I have disagreed with Governor Holcomb on specific issues (sending back $ to taxpayers rather than using those dollars to address Indiana’s myriad deficits, for example), he has mostly been a reasonable and thoughtful official, out of the mold of former Republicans.

The Indiana GOP rejected Holcomb and the so-called Republican “establishment” this week in favor of the cult members and the Big Lie. Diego Morales defeated incumbent Holli Sullivan for the nomination to secretary of state in Indiana — an office documents show once fired him .

Sullivan’s loss is a major blow to the so-called establishment wing of the party, and yet another sign that Gov. Eric Holcomb’s influence is dwindling in his second term. Holcomb had appointed Sullivan in March 2021 after then-Secretary of State Connie Lawson announced her retirement.

As WFYI reported,

Morales’s bid was viewed by many as a challenge to the governor and the so-called Republican “establishment.”

Morales, whose family immigrated to Indiana from Guatemala, has previously pushed the Big Lie that the 2020 election was stolen from Donald Trump. He’s criticized Indiana’s election security, arguing the state needs to do more to prevent non-citizens from voting. And he wants to cut in half the number of early voting days before each election, from 28 days to 14.

“First of all, we are going to be efficient,” Morales said. “Number two, we are going to save some taxpayers money.”

After his win, Morales preached unity among his party. During the convention, many of his supporters booed and heckled current Secretary of State Sullivan.

In red states across the country, very much including Indiana, the inmates are running the asylum. I don’t know where that asylum is located, but it isn’t in the America I inhabit.

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