Associate Justice of the Supreme Court of the United States

Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. The number of Associate Justices is determined by the United States Congress and is currently set at eight by the Judiciary Act of 1869.

Like the Chief Justice, Associate Justices are nominated by the President of the United States and are confirmed by the United States Senate by majority vote. This is provided for in Article II of the Constitution, which states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint... Judges of the supreme Court." Although the Constitution refers to them as "Judges of the Supreme Court", the title actually used is "Associate Justice", introduced in the Judiciary Act of 1789.[1] Associate justices were traditionally styled "Mr. Justice" in court opinions, but the title was shortened to "Justice" in 1980, a year before the first female justice was appointed.[2]

Article III of the Constitution specifies that Associate Justices, and all other United States federal judges "shall hold their Offices during good Behavior". This language means that the appointments are effectively for life, and that, once confirmed, one's tenure of office ends only when a justice dies, retires, or is removed from office following impeachment by the House of Representatives and conviction by the Senate.

Each of the Justices of the Supreme Court has a single vote in deciding the cases argued before it; the Chief Justice's vote counts no more than that of any other Justice. However, in drafting opinions, the Chief Justice enjoys additional influence in case disposition if in the majority through his power to assign who writes the opinion. Otherwise, the senior justice in the majority assigns the writing of a decision. Furthermore, the Chief Justice leads the discussion of the case among the justices. The Chief Justice has certain administrative responsibilities that the other Justices do not and is paid slightly more ($255,500 per year for the Chief Justice and $244,400 per year for each Associate Justice[3]).

Associate Justices have seniority by order of appointment, although the Chief Justice is always considered to be the most senior. If two justices are appointed on the same day, the older is designated the senior Justice of the two. Currently, the senior Associate Justice is Anthony Kennedy. By tradition, when the Justices are in conference deliberating the outcome of cases before the Court, the justices state their views in order of seniority. Also, under 28 USC 3, when the Chief Justice is unable to discharge his functions, or that office is vacant, his duties are carried out by the most senior Associate Justice until the disability or the vacancy ends.

Current Associate Justices

Currently, there are seven Associate Justices on the Court (the eighth position has been vacant since the February 13, 2016 death of Justice Antonin Scalia). The Justices, ordered by seniority, are:

Retired Associate Justices

When Justices retire, they have the opportunity to assume duties similar to the senior status assumed by District and Circuit Judges. This means that the Justice keeps his or her title, and may serve by assignment on panels of the U.S. Courts of Appeals, or even the US District Courts if so requested and assigned. Retired Justices may choose to keep a set of chambers in the Supreme Court building, as well as to employ law clerks. The names of retired Associate Justices continue to appear alongside those of the active Justices of the Court on the Bound Volumes of Supreme Court decisions. However, retired Associate Justices (unlike judges on senior status) take no part in the consideration or decision of any cases before their former court (the Supreme Court), although they may be appointed by the Chief Justice to sit on lower courts.

Currently, there are three retired Associate Justices: Sandra Day O'Connor, who retired on January 31, 2006, David H. Souter, who retired on June 29, 2009, and John Paul Stevens, who retired on June 29, 2010. Both O'Connor and Souter occasionally serve on panels of the Courts of Appeals of various circuits. As of present, Stevens has chosen not to so serve.

List of Associate Justices

Since the Supreme Court was established in 1789, the following 100 persons have served as Associate Justice:[4][5]

Associate Justice Replacing Date confirmed
(Vote)
Tenure Appointed by Previous position
1 John Rutledge (new seat) September 26, 1789
(Acclamation)
September 26, 1789

March 4, 1791
(Resigned)[lower-alpha 1]
George Washington 1st
Governor of South Carolina
(1779-1782)
2 William Cushing (new seat) September 26, 1789
(Acclamation)
September 27, 1789

September 13, 1810
(Died)
Chief Justice of the
Massachusetts Superior Court
(1777-1789)
3 James Wilson (new seat) September 26, 1789
(Acclamation)
September 29, 1789

August 21, 1798
(Died)
Delegate to the Constitutional Convention
(1787)
4 John Blair (new seat) September 26, 1789
(Acclamation)
September 30, 1789

October 25, 1795
(Resigned)
Member of the Virginia House of Burgesses
(1766-1770)
5 James Iredell (new seat) February 10, 1790
(Acclamation)
May 12, 1790

October 20, 1799
(Died)
2nd
Attorney General of North Carolina
(1779-1782)
6 Thomas Johnson J. Rutledge November 7, 1791
(Acclamation)
August 5, 1792[lower-alpha 2][lower-alpha 3]

January 16, 1793
(Resigned)
1st
Governor of Maryland
(1777-1779)
7 William Paterson T. Johnson March 4, 1793
(Acclamation)
March 4, 1793

September 8, 1806
(Died)
2nd
Governor of New Jersey
(1790-1793)
8 Samuel Chase[lower-alpha 4] Blair January 27, 1796
(Acclamation)
January 27, 1796

June 19, 1811
(Died)
Chief Justice of the
Maryland General Court
(1791-1796)
9 Bushrod Washington Wilson December 20, 1798
(Acclamation)
December 20, 1798

November 26, 1829
(Died)
John Adams Delegate to the Virginia Ratifying Convention
(1788)
10 Alfred Moore Iredell December 9, 1799
(Acclamation)
December 10, 1799

January 26, 1804
(Resigned)
3rd
Attorney General of North Carolina
(1782-1791)
11 William Johnson Moore March 24, 1804
(Acclamation)
May 7, 1804

August 4, 1834
(Died)
Thomas Jefferson Speaker of the
South Carolina House of Representatives
(1798-1800)
12 Henry Brockholst Livingston Paterson December 17, 1806
(Acclamation)
January 20, 1807

March 18, 1823
(Died)
Justice of the New York Supreme Court
(1802-1807)
13 Thomas Todd (new seat) March 2, 1807
(Acclamation)
March 3, 1807

February 7, 1826
(Died)
Chief Justice of the
Kentucky Court of Appeals
(1806-1807)
14 Gabriel Duvall Chase November 18, 1811
(Acclamation)
November 23, 1811

January 12, 1835
(Resigned)
James Madison U.S. Representative for
Maryland's 2nd
(1794-1796)
15 Joseph Story Cushing November 18, 1811
(Acclamation)
February 3, 1812

September 10, 1845
(Died)
U.S. Representative for
Massachusetts's 2nd
(1808-1809)
16 Smith Thompson Livingston December 9, 1823
(Acclamation)
September 1, 1823[lower-alpha 2]

December 18, 1843
(Died)
James Monroe 6th
United States Secretary of the Navy
(1819-1823)
17 Robert Trimble Todd May 9, 1826
(25-5)
May 9, 1826

August 25, 1828
(Died)
John Quincy Adams Judge of the
United States District Court for the
District of Kentucky

(1817-1826)
18 John McLean Trimble March 7, 1829
(Acclamation)
March 7, 1829

April 4, 1861
(Died)
Andrew Jackson 6th
United States Postmaster General
(1823-1829)
19 Henry Baldwin Washington January 6, 1830
(41-2)
January 6, 1830

April 21, 1844
(Died)
U.S. Representative for
Pennsylvania's 14th
(1817-1822)
20 James Moore Wayne W. Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
U.S. Representative for
Georgia's at-large
(1829-1835)
21 Philip Pendleton Barbour Duvall March 15, 1836
(30-11)
March 15, 1836

February 25, 1841
(Died)
Judge of the
United States District Court
for the Eastern District of Virginia

(1830-1836)
22 John Catron (new seat) March 8, 1837
(28-15)
March 8, 1837

May 30, 1865
(Died)
Judge of the
Tennessee Supreme Court
of Errors and Appeals

(1824-1834)
23 John McKinley (new seat) September 25, 1837
(Acclamation)
April 22, 1837

July 19, 1852
(Died)
Martin Van Buren United States Senator from Alabama
(1826-1831, 1837)
24 Peter Vivian Daniel Barbour March 2, 1841
(25-5)
March 3, 1841

May 31, 1860
(Died)
Judge of the
United States District Court
for the Eastern District of Virginia

(1836-1841)
25 Samuel Nelson Thompson February 14, 1845
(Acclamation)
February 14, 1845

November 28, 1872
(Retired)
John Tyler Chief Justice of the New York Supreme Court
(1831-1845)
26 Levi Woodbury Story January 31, 1846
(Acclamation)
September 20, 1845[lower-alpha 2]

September 4, 1851
(Died)
James K. Polk 13th
United States Secretary of the Treasury
(1834-1841)
27 Robert Cooper Grier Baldwin August 4, 1846
(Acclamation)
August 4, 1846

January 31, 1870
(Retired)
Judge for the
Pennsylvania state District Court
for Allegheny County
(1833-1846)
28 Benjamin Robbins Curtis Woodbury December 20, 1851
(Acclamation)
September 22, 1851[lower-alpha 2]

September 30, 1857
(Resigned)
Millard Fillmore Massachusetts State Representative
29 John Archibald Campbell McKinley March 22, 1853
(Acclamation)
March 23, 1853

April 30, 1861
(Resigned)
Franklin Pierce Alabama State Representative
30 Nathan Clifford Curtis January 12, 1858
(26-23)
January 12, 1858

July 25, 1881
(Died)
James Buchanan 19th
United States Attorney General
(1846-1848)
31 Noah Haynes Swayne McLean January 24, 1862
(38-1)
January 24, 1862

January 24, 1881
(Retired)
Abraham Lincoln U.S. Attorney for the
District of Ohio
(1830-1834)
32 Samuel Freeman Miller Daniel July 16, 1862
(Acclamation)
July 16, 1862

October 13, 1890
(Died)
Lawyer,
Private practice
33 David Davis Campbell December 8, 1862
(Acclamation)
October 17, 1862[lower-alpha 2]

March 3, 1877
(Resigned)
Judge of the
Illinois 3rd Circuit Court
(1848-1862)
34 Stephen Johnson Field (new seat) March 10, 1863
(Acclamation)
March 10, 1863

December 1, 1897
(Retired)
5th
Chief Justice of California
(1859-1863)
35 William Strong Grier February 18, 1870 February 18, 1870

December 14, 1880
(Retired)
Ulysses S. Grant U.S. Representative
for Pennsylvania's 9th
(1847-1851)
36 Joseph Philo Bradley (new seat) March 21, 1870
(46-9)
March 21, 1870

January 22, 1892
(Died)
Lawyer,
Private practice
37 Ward Hunt Nelson December 11, 1872
(Acclamation)
December 11, 1872

January 27, 1882
(Retired)
Chief Judge of the
New York Court of Appeals
(1868-1872)
38 John Marshall Harlan Davis November 29, 1877
(Acclamation)
November 29, 1877

October 14, 1911
(Died)
Rutherford B. Hayes 14th
Attorney General of Kentucky
(1863-1867)
39 William Burnham Woods Strong December 21, 1880
(39-8)
December 21, 1880

May 14, 1887
(Died)
Judge of the
United States Court of Appeals
for the Fifth Circuit

(1869-1880)
40 Stanley Matthews Swayne May 12, 1881
(24-23)
May 12, 1881

March 22, 1889
(Died)
James Garfield United States Senator from Ohio
(1877-1879)
41 Horace Gray Clifford December 20, 1881
(51-5)
December 20, 1881

September 15, 1902
(Died)
Chester A. Arthur Chief Justice of the
Massachusetts Supreme Judicial Court
(1873-1881)
42 Samuel Blatchford Hunt March 22, 1882
(Acclamation)
March 22, 1882

July 7, 1893
(Died)
Judge of the
United States Court of Appeals
for the Second Circuit

(1878-1882
43 Lucius Quintus
Cincinnatus Lamar II
Woods January 16, 1888
(32-28)
January 16, 1888

January 23, 1893
(Died)
Grover Cleveland 16th
United States Secretary of the Interior
(1885-1888)
44 David Josiah Brewer Matthews December 18, 1889
(53-11)
December 18, 1889

March 28, 1910
(Died)
Benjamin Harrison Judge of the
United States Court of Appeals
for the Eighth Circuit

(1884-1889)
45 Henry Billings Brown Miller December 29, 1890
(Acclamation)
December 29, 1890

May 28, 1906
(Retired)
Judge of the
United States District Court
for the Eastern District of Michigan

(1875-1890)
46 George Shiras, Jr. Bradley July 26, 1892
(Acclamation)
July 26, 1892

February 23, 1903
(Retired)
Lawyer,
Private practice
47 Howell Edmunds Jackson L. Lamar February 18, 1893
(Acclamation)
February 18, 1893

August 8, 1895
(Died)
Judge of the
United States Court of Appeals
for the Sixth Circuit

(1891-1893)
48 Edward Douglass White Blatchford February 19, 1894
(Acclamation)
February 19, 1894

December 18, 1910
(Continued as chief justice)[lower-alpha 5]
Grover Cleveland United States Senator from Louisiana
(1891-1894)
49 Rufus Wheeler Peckham H. Jackson December 9, 1895
(Acclamation)
December 9, 1895

October 24, 1909
(Died)
Associate Judge of the
New York Court of Appeals
50 Joseph McKenna Field January 21, 1898
(Acclamation)
January 21, 1898

January 5, 1925
(Retired)
William McKinley 42nd
United States Attorney General
(1897-1898)
51 Oliver Wendell Holmes, Jr. Gray December 4, 1902
(Acclamation)
December 4, 1902

January 12, 1932
(Retired)
Theodore Roosevelt Chief Justice of the
Massachusetts Supreme Judicial Court
(1899-1902)
52 William R. Day Shiras February 23, 1903
(Acclamation)
February 23, 1903

November 13, 1922
(Retired)
Judge of the
United States Court of Appeals
for the Sixth Circuit

(1899-1903)
53 William Henry Moody Brown December 12, 1906
(Acclamation)
December 12, 1906

November 20, 1910
(Retired)
45th
United States Attorney General
(1904-1906)
54 Horace Harmon Lurton Peckham December 20, 1909
(Acclamation)
December 20, 1909

July 12, 1914
(Died)
William Howard Taft Judge of the
United States Court of Appeals
for the Sixth Circuit

(1893-1909)
55 Charles Evans Hughes Brewer May 2, 1910
(Acclamation)
October 10, 1910

June 10, 1916
(Resigned)[lower-alpha 6]
36th
Governor of New York
(1907-1910)
56 Willis Van Devanter E.D. White December 15, 1910
(Acclamation)
December 16, 1910

June 2, 1937
(Retired)
Judge of the
United States Court of Appeals
for the Eighth Circuit

(1903-1910)
57 Joseph Rucker Lamar Moody December 15, 1910
(Acclamation)
December 17, 1910

January 2, 1916
(Died)
Associate Justice of the
Supreme Court of Georgia
(1901-1905)
58 Mahlon Pitney J. Harlan March 13, 1912
(50-26)
March 13, 1912

December 31, 1922
(Resigned)
U.S. Representative for
New Jersey's 4th
(1895-1899)
59 James Clark McReynolds Lurton August 29, 1914
(44-6)
August 29, 1914

January 31, 1941
(Retired)
Woodrow Wilson 48th
United States Attorney General
(1913-1914)
60 Louis Brandeis J. Lamar June 1, 1916
(47-22)
June 1, 1916

February 13, 1939
(Retired)
Lawyer,
Private practice:
Brandeis Dunbar & Nutter[6]
61 John Hessin Clarke Hughes July 24, 1916
(Acclamation)
July 24, 1916

September 5, 1922
(Retired)
Judge of the
United States District Court for the
Northern District of Ohio

(1914-1916)
62 George Sutherland Clarke September 5, 1922
(Acclamation)
September 5, 1922

January 17, 1938
(Retired)
Warren G. Harding United States Senator from Utah
(1905-1917)
63 Pierce Butler Day December 21, 1922
(61-8)
December 21, 1922

November 16, 1939
(Died)
President of the
Minnesota State Bar Association
64 Edward Terry Sanford Pitney January 29, 1923
(Acclamation)
January 29, 1923

March 8, 1930
(Died)
Judge of the
United States District Court for the
Middle District of Tennessee

(1908-1923)
65 Harlan F. Stone McKenna February 5, 1925
(71-6)
February 5, 1925

July 3, 1941
(Continued as chief justice)[lower-alpha 7]
Calvin Coolidge 52nd
United States Attorney General
(1924-1925)
66 Owen Josephus Roberts Sanford May 20, 1930
(Acclamation)
May 20, 1930

July 31, 1945
(Resigned)
Herbert Hoover Assistant District Attorney for Philadelphia
67 Benjamin N. Cardozo Holmes February 24, 1932
(Acclamation)
March 2, 1932

July 9, 1938
(Died)
Chief Judge of the
New York Court of Appeals
(1927-1932)
68 Hugo Black Van Devanter August 17, 1937
(63-16)
August 18, 1937

September 17, 1971
(Retired)
Franklin D. Roosevelt United States Senator from Alabama
(1927-1937)
69 Stanley Forman Reed Sutherland January 25, 1938
(Acclamation)
January 27, 1938

February 25, 1957
(Retired)
22nd
United States Solicitor General
(1935-1938)
70 Felix Frankfurter Cardozo January 17, 1939
(Acclamation)
January 20, 1939

August 28, 1962
(Retired)
Chairman of Harvard Law School
71 William O. Douglas Brandeis April 4, 1939
(62-4)
April 15, 1939

November 12, 1975
(Retired)
3rd
Chairman of the Securities
and Exchange Commission

(1937-1939)
72 Frank Murphy Butler January 16, 1940
(Acclamation)
January 18, 1940

July 19, 1949
(Died)
56th
United States Attorney General
(1939-1940)
73 James F. Byrnes McReynolds June 12, 1941
(Acclamation)
July 8, 1941

October 3, 1942
(Resigned)
United States Senator from South Carolina
(1931-1941)
74 Robert H. Jackson Stone July 7, 1941
(Acclamation)
July 11, 1941

October 9, 1954
(Died)
57th
United States Attorney General
(1940-1941)
75 Wiley Blount Rutledge Byrnes February 8, 1943
(Acclamation)
February 11, 1943

September 10, 1949
(Died)
Judge of the
United States Court of Appeals for the
District of Columbia Circuit
76 Harold Hitz Burton Roberts September 19, 1945
(Acclamation)
September 22, 1945

October 13, 1958
(Retired)
Harry S. Truman United States Senator from Ohio
(1944-1945)
77 Tom C. Clark Murphy August 18, 1949
(73-8)
August 19, 1949

June 12, 1967
(Retired)
59th
Attorney General of the United States
(1945-1949)
78 Sherman Minton W. Rutledge October 4, 1949
(48-16)
October 12, 1949

October 15, 1956
(Retired)
Judge of the
United States Court of Appeals
for the Seventh Circuit

(1941-1949)
79 John Marshall Harlan II R. Jackson March 16, 1955
(71-11)
March 17, 1955

September 23, 1971
(Retired)
Dwight D. Eisenhower Judge of the
United States Court of Appeals
for the Second Circuit

(1954-1955)
80 William J. Brennan Minton March 19, 1957
(Acclamation)
October 15, 1956[lower-alpha 2]

July 20, 1990
(Retired)
Associate Justice of the
Supreme Court of New Jersey
(1951-1956)
81 Charles Evans Whittaker Reed March 19, 1957
(Acclamation)
March 22, 1957

March 31, 1962
(Resigned)
Judge of the
United States Court of Appeals
for the Eighth Circuit

(1956-1957)
82 Potter Stewart Burton May 5, 1959
(70-17)
October 14, 1958[lower-alpha 2]

July 3, 1981
(Retired)
Judge of the
United States Court of Appeals
for the Sixth Circuit

(1954-1958)
83 Byron White Whittaker April 11, 1962
(Acclamation)
April 16, 1962

June 28, 1993
(Retired)
John F. Kennedy 4th
United States Deputy Attorney General
(1961-1962)
84 Arthur Goldberg Frankfurter September 25, 1962
(Acclamation)
September 28, 1962

July 26, 1965
(Resigned)
9th
United States Secretary of Labor
(1961-1962)
85 Abe Fortas Goldberg August 11, 1965
(Acclamation)
October 4, 1965

May 14, 1969
(Resigned)
Lyndon B. Johnson United States Under Secretary of the Interior
86 Thurgood Marshall Clark August 30, 1967
(69-11)
October 2, 1967

October 1, 1991
(Retired)
32nd
United States Solicitor General
(1965-1967)
87 Harry Blackmun Fortas May 12, 1970
(94-0)
June 9, 1970

August 3, 1994
(Retired)
Richard Nixon Judge of the
United States Court of Appeals
for the Eighth Circuit

(1959-1970)
88 Lewis Franklin Powell, Jr. Black December 6, 1971
(89-1)
January 7, 1972

June 26, 1987
(Retired)
President of the
American Bar Association
(1964-1965)
89 William Rehnquist J. Harlan II December 10, 1971
(68-26)
January 7, 1972

September 26, 1986
(Continued as chief justice)[lower-alpha 8]
United States Assistant Attorney General
for the Office of Legal Counsel

(1969-1971)
90 John Paul Stevens Douglas December 17, 1975
(98-0)
December 19, 1975

June 29, 2010
(Retired)
Gerald Ford Judge of the
United States Court of Appeals
for the Seventh Circuit

(1970-1975)
91 Sandra Day O'Connor Stewart September 21, 1981
(99-0)
September 25, 1981

January 31, 2006
(Retired)
Ronald Reagan Judge of the
Arizona Court of Appeals
(1979-1981)
92 Antonin Scalia Rehnquist September 17, 1986
(98-0)
September 26, 1986

February 13, 2016
(Died)
Judge of the
United States Court of Appeals
for the District of Columbia Circuit

(1982-1986)
93 Anthony Kennedy Powell February 3, 1988
(97-0)
February 18, 1988

Incumbent
Judge of the
United States Court of Appeals
for the Ninth Circuit

(1975-1988)
94 David Souter Brennan October 2, 1990
(90-9)
October 9, 1990

June 29, 2009
(Retired)
George H. W. Bush Judge of the
United States Court of Appeals
for the First Circuit

(1990)
95 Clarence Thomas Marshall October 15, 1991
(52-48)
October 23, 1991

Incumbent
Judge of the
United States Court of Appeals
for the District of Columbia Circuit

(1990-1991)
96 Ruth Bader Ginsburg B. White August 3, 1993
(96-3)
August 10, 1993

Incumbent
Bill Clinton Judge of the
United States Court of Appeals
for the District of Columbia Circuit

(1980-1993)
97 Stephen Breyer Blackmun July 29, 1994
(87-9)
August 3, 1994

Incumbent
Chief Judge of the
United States Court of Appeals
for the First Circuit

(1990-1994)
98 Samuel Alito O'Connor January 31, 2006
(58-42)
January 31, 2006

Incumbent
George W. Bush Judge of the
United States Court of Appeals
for the Third Circuit

(1990-2006)
99 Sonia Sotomayor Souter August 6, 2009
(68-31)
August 8, 2009

Incumbent
Barack Obama Judge of the
United States Court of Appeals
for the Second Circuit

(1998-2009)
100 Elena Kagan Stevens August 5, 2010
(63-37)
August 7, 2010

Incumbent
45th
Solicitor General of the United States
(2009-2010)

Notes

  1. Later served chief justice, June 30December 28, 1795.
  2. 1 2 3 4 5 6 7 Recess appointment.
  3. Received recess appointment on August 5, 1791, but was not sworn in until August 6, 1792.
  4. Was impeached, but not convicted (remained in office).
  5. Served as chief justice, December 19, 1910May 19, 1921.
  6. Later served as chief justice, February 13, 1930June 30, 1941.
  7. Served as chief justice, July 3, 1941April 22, 1946.
  8. Served as chief justice, September 26, 1986September 3, 2005.

See also

References

  1. http://memory.loc.gov/cgi-bin/ampage?collId=llac&fileName=002/llac002.db&recNum=481
  2. Joan Biskupic, Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice (New York: HarperCollins, 2005), 101.
  3. Mears, Bill (2014-06-20). "Supreme Court justices: They do OK financially". CNN. Retrieved 2010-02-17.
  4. "U.S. Senate: Supreme Court Nominations: 1789-Present". www.senate.gov. Retrieved February 17, 2016.
  5. "Timeline of the Justices". www.supremecourthistory.org. The Supreme Court Historical Society. Retrieved November 11, 2016.
  6. Diana Klebanow, Franklin L. Jonas, People's Lawyers: Crusaders for Justice in American History (M. E. Sharpe, 2003), ISBN 978-0765606730, p. 61.Excerpts available at Google Books.

Further reading

External links

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