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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #201  
Old 04-12-2019, 7:22 AM
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How Future Vacancies Could Transform the Federal Courts of Appeals

Last month, I did a quick breakdown of the federal courts of appeals by party of appointing president (which is at best a very crude metric of judicial philosophy). Here I am going to take a harder look at how the composition of each court might change by the end of 2020.

In particular, I am going to identify which sitting judges are, or will soon be (i.e., by July 2020), eligible to take senior status or retire. I emphasize that in doing so I express no opinion whether any particular judge should take senior status or retire. I also offer no prediction on who might. As a general rule, judges appointed by Democratic presidents are much less likely than judges appointed by Republican presidents to step down.

I set forth in “Potential new” what the new composition of the court would be if all senior-eligible judges stepped down and were replaced by appointees of President Trump. That, of course, is a farfetched scenario. But it nonetheless might shed some light on the future, especially if President Trump wins a second term.

<snip>

Ninth Circuit

Now: 9 R, 16 D, 4 V

Nominations of Collins and Lee are pending on Senate floor; Bress in committee

Senior-eligible now: 4 R (Bea, Bybee, Callahan, M. Smith) and 8 D (Berzon, Fletcher, Gould, Graber, McKeown, Paez, Rawlinson, Thomas)

Senior-eligible soon: 1 R (Ikuta) and 1 D (Wardlaw)

Potential new: 22 R, 7 D
More at: https://www.nationalreview.com/bench...ts-of-appeals/
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  #202  
Old 04-12-2019, 9:49 AM
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Quote:
Originally Posted by Paladin View Post
From the article:

“To avoid repeating the phrases “appointee of Republican president”
and “appointee of Democratic president,” I will use the shorthands
R and D. In doing so, I do not mean to suggest that judges are
political partisans. I will also use V for vacancy.”


The 9th Circus got its nickname for a reason.

As long as the leftists can dominate the 9th, the 2A will be treated with
Contempt, despite being #2 on the Bill of Rights.

The possible outcome of:

22 R, 7 D

Can’t happen soon enough, as we want judges to rule based on Laws,
Not Political Ideology.


Noble
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  #203  
Old 04-28-2019, 3:59 PM
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The Senate comes back from their 2-week Easter break tomorrow. For CA9, it looks like 2 judges (Collins & Lee) are awaiting Senate floor votes and one (Bress) is awaiting Judiciary Cmte hearing.

https://www.nationalreview.com/bench...ons-update-43/

Remember, from above: "If the two (Collins & Lee) are confirmed, 11 of the judges will be appointed by Republicans and 16 appointed by Democrats. Two more vacancies on the 9th Circuit remain, and Trump nominated Daniel Bress to fill one of those seats in February."


Last edited by Paladin; 05-02-2019 at 9:00 PM..
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  #204  
Old 04-29-2019, 8:43 AM
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Originally Posted by Paladin View Post
The Senate comes back from their 2-week Easter break tomorrow. For CA9, it looks like 2 judges (Collins & Lee) are awaiting Senate floor votes and one (Bress) is awaiting Judiciary Cmte hearing.

https://www.nationalreview.com/bench...ons-update-43/

Remember, from above: "If the two [Collins & Lee) are confirmed, 11 of the judges will be appointed by Republicans and 16 appointed by Democrats. Two more vacancies on the 9th Circuit remain, and Trump nominated Daniel Bress to fill one of those seats in February."

Thanks so much for keeping us in the loop and up-to-date!
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  #205  
Old 04-29-2019, 4:03 PM
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Thanks so much for keeping us in the loop and up-to-date!
this -- thanks, Paladin, I def appreciate the effort.
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  #206  
Old 04-29-2019, 4:13 PM
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A few more months and a few more appeals and I think we'll be seeing some good news for us. The magazine ban is a great primer.
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  #207  
Old 04-30-2019, 9:26 AM
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Quote:
Originally Posted by Paladin View Post
Thought this might be worth posting here too.
Do we have an updated graphic for court makeup? It would be interesting to see how things have changed since the graphic shown on of. 4 of this thread.
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  #208  
Old 05-02-2019, 9:22 PM
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Quote:
Originally Posted by Solidsnake87 View Post
Do we have an updated graphic for court makeup? It would be interesting to see how things have changed since the graphic shown on of. 4 of this thread.
Here's a quick & dirty graphic.

Currently (Dem 16 to GOP 9),

DDDDD DDDDD
DDDDD D

RRRRR
RRRR


If Trump fills all the current openings on CA9 (Dem 16 to GOP 13),

DDDDD DDDDD
DDDDD D

RRRRR RRR
RRRRR

Trump will almost make CA9 "balanced" in just his first term!

Last edited by Paladin; 05-02-2019 at 9:26 PM..
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  #209  
Old 05-03-2019, 1:03 AM
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Quote:
Originally Posted by Paladin View Post
Here's a quick & dirty graphic.

Currently (Dem 16 to GOP 9),

DDDDD DDDDD
DDDDD D

RRRRR
RRRR


If Trump fills all the current openings on CA9 (Dem 16 to GOP 13),

DDDDD DDDDD
DDDDD D

RRRRR RRR
RRRRR

Trump will almost make CA9 "balanced" in just his first term!
Yes, very good progress, however I would still consider the 9th composition score as Dem 17 to GOP 12 because of Bennett in Hawaii (Trump).
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  #210  
Old 05-03-2019, 8:47 AM
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And we will still lose Duncan enbanc. :/

Trump 2020 is the only hope for this country to remain free.
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  #211  
Old 05-03-2019, 8:58 AM
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Court should not be balanced by party, it should be fully bound to constitutional interpretation and that means every single activist legislate from the bench liberal judges that have ruled so long appointed by Democrats should be replaced to restore the law of the land in full.
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  #212  
Old 05-03-2019, 12:19 PM
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And we will still lose Duncan enbanc. :/

Trump 2020 is the only hope for this country to remain free.
Fingers crossed for Strict Scrutiny to be applied via SCOTUS in the near future.
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  #213  
Old 05-08-2019, 9:14 AM
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After the confirmations of five district-court nominees this week, next week Leader McConnell intends to turn back to the task of confirming court of appeals nominees. Yesterday he filed for cloture to end debate on the nominations of Joseph Bianco and Michael Park, President Trump’s pending nominees to the U.S. Court of Appeals for the Second Circuit. If confirmed, Bianco and Park will be the 38th and 39th court-of-appeals judges confirmed since Inauguration Day.
More at: https://www.nationalreview.com/bench...ons-update-44/

Bianco was confirmed today. (https://thehill.com/homenews/senate/...mer-gillibrand) That leaves only a vote on Michael Park before the Senate can take up confirmation of Trump's last 2 CA9 nominees: Collins and Lee.

After they're confirmed, there will still be Bress awaiting S. Judiciary Cmte vote and then floor vote and 1 more opening on CA9 (but Trump hasn't nominated anyone for it yet).

Go Team Trump!


Last edited by Paladin; 05-08-2019 at 9:21 AM..
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  #214  
Old 05-08-2019, 9:49 AM
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Go Team Trump!
Yes!

We are very close to having a balanced 9th. If Trump wins a 2nd term, we will have a balanced 9th within a few years, given the number of liberal judges in their 70s and above.

And RBG, it's time to "retire"!
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  #215  
Old 05-08-2019, 12:36 PM
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To be Truly Ballanced, we need to have the 9th Circus be a Majority
of Pro 2A, Constitutionalist Judges at the same level it was overwhelmingly
Anti-2A Liberal Progressives Judges, to make up for all their contortions,
jumping thru hoops, and contrived nonsense to somehow take a
Constitutional Right and reduce it to the point of endangerment, where it
could then be effectively neutralized.

The Wailing and Gnashing of Teeth from all the totalitarian Leftistists
would be a Side Benefit... And no more running to the 9th constantly
to get some bogus decision to usurp a clearly legal Presidential action.

I hope we get Trump reelected in 2020, and after that, let’s hope his Pro 2A
Son gets elected in 2024, this event would have Leftists Heads spontaneously
bursting into flames.

It Would Be Glorious.


Noble
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  #216  
Old 05-11-2019, 11:07 AM
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Ben Shapiro 2024!
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  #217  
Old 05-11-2019, 12:28 PM
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Quote:
Originally Posted by Solidsnake87 View Post
Ben Shapiro 2024!

OR TREY GOWDY


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  #218  
Old 05-11-2019, 12:48 PM
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Quote:
Originally Posted by Noble Cause View Post
To be Truly Ballanced, we need to have the 9th Circus be a Majority
of Pro 2A, Constitutionalist Judges at the same level it was overwhelmingly
Anti-2A Liberal Progressives Judges, to make up for all their contortions,
jumping thru hoops, and contrived nonsense to somehow take a
Constitutional Right and reduce it to the point of endangerment, where it
could then be effectively neutralized.

The Wailing and Gnashing of Teeth from all the totalitarian Leftistists
would be a Side Benefit... And no more running to the 9th constantly
to get some bogus decision to usurp a clearly legal Presidential action.

I hope we get Trump reelected in 2020, and after that, let’s hope his Pro 2A
Son gets elected in 2024, this event would have Leftists Heads spontaneously
bursting into flames.

It Would Be Glorious.


Noble
Reperations for the many, many decades of outright civil rights abuses inflicted on the citizenry by a panel of activists are in order. To help compensate for the untold damages done to said citizenry, ALL anti-2A rulings should be immediately reversed, the personal assets and fortunes of those activists jurists should be seized and turned over to the civil rights organizations whom had to shoulder a tremendous burden in order to defend the citizenry from their malicious intent and actions. They have defiled the constitution, and must be held accountable at least monetarily.
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  #219  
Old 05-12-2019, 12:02 AM
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While not directly CA9 related, the confirmation of Park to CA2 means that the next two floor votes for appeals court judges will be for CA9.

Quote:
The Senate confirmed Michael Park to be a judge on the 2nd U.S. Circuit Court of Appeals on Thursday, making him the 39th circuit court judge to be confirmed under President Trump in a process on a record pace that is steadily reshaping the bench.

Judge Park joins Joseph Bianco, confirmed earlier this week, on that bench, bringing the number of Republican-appointed active judges on the chief 2nd Circuit panel to six.

With two more vacancies by this summer as judges take senior status, Mr. Trump will soon have a chance to flip control of the circuit, which currently has seven Democratic appointees.

Mr. Trump flipped the 3rd U.S. Circuit Court of Appeals earlier this year, taking it from a 7-4 Democratic edge in judicial appointees in 2017 to a 7-6 Republican edge among active judges.

<snip>

Before Mr. Trump took office, Democrats had a 90-71 advantage in appointments of active judges among all the circuits. Republican-appointed judges now lead by a 90-83 margin.
More at: https://www.washingtontimes.com/news...eals-courts-c/
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  #220  
Old 05-12-2019, 7:14 AM
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Elections matter.
If the correct people are placed into positions to re-shape the various benches, we can start to rebuild our country to what it was intended to be.
Thank you for keeping us up to date on the appointments.
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  #221  
Old 05-12-2019, 11:09 AM
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From Thursday: Leader McConnell has filed cloture on Executive Calendar #202 Kenneth Lee to be U.S. Circuit Judge for the Ninth Circuit

Which means he should be confirmed sometime this week.

Last edited by FirearmFino; 05-12-2019 at 11:10 AM.. Reason: Fixed date
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  #222  
Old 05-13-2019, 2:58 AM
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Quote:
Originally Posted by FirearmFino View Post
From Thursday: Leader McConnell has filed cloture on Executive Calendar #202 Kenneth Lee to be U.S. Circuit Judge for the Ninth Circuit

Which means he should be confirmed sometime this week.
WINNING!
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  #223  
Old 05-13-2019, 4:54 AM
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It takes time to turn the big ship...

9th circus is a ship of fools.
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  #224  
Old 05-15-2019, 10:38 AM
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Quote:
Kenneth Lee is likely to become President Donald Trump’s 40th appeals court nominee to win confirmation, a milestone not reached by his three immediate predecessors until their second terms.

The Senate is expected on Wednesday evening to confirm the first generation South Korean immigrant and Jenner & Block partner to a seat on the California-based U.S. Court of Appeals for the Ninth Circuit.

<snip>

With the Lee vote, Trump will have recorded 40 circuit court appointments four months past the midway point of taking office. Democrats Bill Clinton and Obama and Republican George W. Bush didn’t hit the mark until their second terms.

<snip>

The Federalist Society has been influential in Trump’s judicial selections, many of whom are members of the conservative group.

<snip>

If Lee is confirmed, the Ninth Circuit will have 16 judges appointed by Democrats and 10 appointed by Republicans. The court will still have three vacancies, two of which have nominees pending.
More at: https://news.bloomberglaw.com/us-law...-confirmations

Last edited by Paladin; 05-15-2019 at 10:45 PM..
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  #225  
Old 05-15-2019, 6:24 PM
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Confirmed, 52-45: Executive Calendar #202 Kenneth Lee to be U.S. Circuit Judge for the Ninth Circuit
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  #226  
Old 05-15-2019, 6:39 PM
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16-13 would be amazing
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  #227  
Old 05-15-2019, 6:59 PM
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Confirmed, 52-45: Executive Calendar #202 Kenneth Lee to be U.S. Circuit Judge for the Ninth Circuit


Great!


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  #228  
Old 05-15-2019, 8:03 PM
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16-13 would be amazing
16-13 would will be amazing

fixed it for you.
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  #229  
Old 05-15-2019, 10:56 PM
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Daniel Collins is right behind Lee, ready to go to the Senate floor for a vote.

Daniel Bress first needs S. Judiciary Cmte hearing and then vote and then goes to the Senate floor and vote.

After that, there's still 1 more opening currently on CA9.

https://en.wikipedia.org/wiki/United...ng_nominations

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  #230  
Old 05-16-2019, 7:42 PM
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Vote Scheduled: At 5:30 pm on Monday, May 20th, the Senate will proceed to a vote on the motion to invoke cloture on Executive Calendar #201 Daniel Collins to be U.S. Circuit Judge for the Ninth Circuit

That sets him up for a confirmation vote on Tuesday or Wednesday.

Also, a committee hearing has finally been scheduled for Bress on Wednesday.

Both judges were Scalia clerks.
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  #231  
Old 05-16-2019, 10:12 PM
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Quote:
Originally Posted by FirearmFino View Post
Vote Scheduled: At 5:30 pm on Monday, May 20th, the Senate will proceed to a vote on the motion to invoke cloture on Executive Calendar #201 Daniel Collins to be U.S. Circuit Judge for the Ninth Circuit

That sets him up for a confirmation vote on Tuesday or Wednesday.

Also, a committee hearing has finally been scheduled for Bress on Wednesday.

Both judges were Scalia clerks.
Thank you, newbie!

And welcome to CGN.
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  #232  
Old 05-17-2019, 4:46 PM
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Apparently, there are nine Dem judicial positions eligible for senior status but there is no obligation for those judges to take senior status.

I'm thinking these folks are gonna pull a Ginsberg and stay.
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  #233  
Old 05-20-2019, 12:11 PM
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Originally Posted by FirearmFino View Post
Vote Scheduled: At 5:30 pm on Monday, May 20th, the Senate will proceed to a vote on the motion to invoke cloture on Executive Calendar #201 Daniel Collins to be U.S. Circuit Judge for the Ninth Circuit

That sets him up for a confirmation vote on Tuesday or Wednesday.
That's 2:30 pm our time.

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  #234  
Old 05-20-2019, 5:02 PM
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Quote:
Originally Posted by FirearmFino View Post
Vote Scheduled: At 5:30 pm on Monday, May 20th, the Senate will proceed to a vote on the motion to invoke cloture on Executive Calendar #201 Daniel Collins to be U.S. Circuit Judge for the Ninth Circuit

That sets him up for a confirmation vote on Tuesday or Wednesday.
Cloture invoked.

Floor vote Tues at 2:15pm (EST) -- 5:15 pm 11:15 our time (PST).

https://twitter.com/SenateCloakroom


Last edited by Paladin; 05-20-2019 at 5:14 PM..
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  #235  
Old 05-20-2019, 5:04 PM
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Quote:
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Cloture invoked.

Floor vote Tues at 2:30pm (EST) -- 5:30 pm our time (PST).

What time zone do you live in?
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  #236  
Old 05-20-2019, 5:07 PM
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What time zone do you live in?
PST: Pacific Standard Time

fwiw, I was mistaken: it's 2:15/5:15 pm
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  #237  
Old 05-20-2019, 5:09 PM
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Quote:
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PST: Pacific Standard Time

fwiw, I was mistaken: it's 2:15/5:15 pm
2:15PM EDT is 11:15AM PDT
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  #238  
Old 05-20-2019, 5:13 PM
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2:15PM EDT is 11:15AM PDT
It's pretty obvious when I've skipped lunch....
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  #239  
Old 05-20-2019, 5:19 PM
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2:15PM EDT is 11:15AM PDT
Only when the sun rises in the east. Otherwise, Paladin is correct.
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  #240  
Old 05-20-2019, 5:24 PM
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Skipped lunch or drank it?
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