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You are here: Home / Politics / Activist Judges! / Activist Judges Sighted and Called Out

Activist Judges Sighted and Called Out

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Someone got Arlen’s dander up:

“The Supreme Court has been eating Congress’ lunch by invalidating legislation with judicial activism after nominees commit under oath in confirmation proceedings to respect congressional fact finding and precedents,” said Specter, who voted in favor of both Roberts and Alito when the Bush appointees came before his panel.

Specter specifically took issue with the court’s controversial 5-4 decision early this year, in which it relaxed federally-imposed campaign finance regulations for corporations and unions.

“Ignoring a massive congressional record and reversing recent decisions, Chief Justice Roberts and Justice Alito repudiated their confirmation testimony given under oath and provided the key votes to permit corporations and unions to secretly pay for political advertising – thus effectively undermining the basic Democratic principle of the power of one person, one vote,” said Specter. Chief Justice Roberts promised to just call balls and strikes and then he moved the bases.”

I think the old guard is finally realizing that they put the radicals in charge and we’re screwed for a very long time. I know I’m pissed at myself.

Reader Interactions

108Comments

  2. 2.

    General Stuck

    I think behind the scenes, the old guard was kicking some teatard ass over politicking the START treaty. If I want to fool myself into a state of faux relief, I would say this portends sanity on the right wing. If I want to fool myself. The monster that revived the wingnuts into an election victory, I suspect, will not be taking many prisoners for the foreseeable future.

  3. 3.

    Mike Kay (Democrat of the Century)

    This raises another question, considering Specter has been a solid Democratic vote, even after being primaried out of office, wasn’t it a mistake for radicals to primary him?

  5. 5.

    Comrade Colette Collaboratrice

    Too little, too late, too fucking bad. Specter will die and leave the rest of us dealing with the results of his past party-line pandering for years to come.

    If Roberts and Alito would care to step over to the salad bar, I can recommend Al Qaeda’s special dressing.

    Colette +4 (but no amount of alcohol short of brain death is sufficient to wash away my fury at this Court and its Senate enablers)

  6. 6.

    Richard W. Crews

    You have been very brave and open in your conversion. And that as a long time ago. Look at how many readers and comments you garner. Your conversion has been good for you and those who can … can see past one view.
    I can’t possibly know, but you must have had a large conservative audience during your redirection.

  7. 7.

    burnspbesq

    Roberts says judges should be like umpires. I think he’s more like a referee. The referee I have in mind is Tim Donaghy.

  8. 8.

    The Dangerman

    Specter is old, old Guard; if memory serves, he was the person behind the Magic Bullet theory (it’s a JFK assassination thing). Obviously, been around for a lonnnnnnnnnnng time (to be fair to him, he may have been just a lowly staffer at the time).

    So, let’s see, how much has the Republican Party screwed up since then … hmmm… quite a bit.

    Arlen, too little, too late.

  10. 10.

    Richard W. Crews

    After bush invaded Iraq, he and his lackeys pointed out the votes and affirmations world-wide. But they were lying. People believed the President of the United States without stopping to think – it was dubya. So dubya’s misuse of his office caused people to not even think that the President would lie. And connive. And deceive. But he did. So good people got fooled.
    There was a time limit.
    I don’t remember where you came in.
    Same story with Roberts. Who could imagine a man lying under testimony? What if you were too good a person to ever think that such evasions would happen in plain sight, at such lofty venues? Who suspected tht Roberts was lying in a tactical manner? Well, not enough, plainly.

    The “Curse of the Liar” is that a liar believes that everyone else does, too, so that lying is normal. The liar then loses friends, until all that are left are the ones comfortable with lying all around. Voila! The liar only knows liars; his belief’s confirmed.

    We see conservatives “reading our minds”, telling people “what/how Liberals think.” They are too crappy a people to even understand our motivations. Their minds are too full of lousy thoughts, distrust of themselves, too polluted to ever understand Liberals. They simply aren’t good enough people.

    Example: tobacco taxes. Liberals see it as a punitive guidance, and a minimal revenue source partially mitigating the damage. Conservatives scoff, saying that it’ll be a failure if we drive people to quit smoking. They simply can’t measure the good. All they see is a tax, and possibly the demise of the (smoking) base of revenue.

    Also, it seems that Republicans need laws to stop THEMSELVES from having sex with dogs (santorum), or turtles (Cornyn). They can’t even face up to ingrained morality; needing rules to be good! They probably do, but Liberals don’t require crutches. It comes naturally to Liberals to do good; that’s why we’re Liberals.

  12. 12.

    Uncle Clarence Thomas

    .
    .
    It’s true, Roberts and Alito are certainly no Scalia. However, all of this is just a set-up for another historic President Obama legislative victory on Net Neutrality, as he again fiercely promised.
    .
    .

  13. 13.

    WarMunchkin

    I think Sestak would have been fine if Angle and O’Donnell weren’t tanking the media. Then Toomey would have been the “crazy” one.

  14. 14.

    The Raven

    I’ve been reviewing the membership of the SEC lately &–same story. Perhaps these people are getting what they deserve. Unfortunately, so are the rest of you hominids.

    Croak!

  15. 15.

    The Raven

    There are things that can be done when the Court turns recalcitrant: FDR and IIRC, Andrew Johnson both had occasion to undertake them. But it is all very difficult and risky.

  16. 16.

    burnspbesq

    @Uncle Clarence Thomas:

    Net neutrality is being put into place by way of an FCC rule-making procedure. Anybody who doesn’t like the rule can sue to overturn it in the D.C. Circuit. Congress has nothing to do with it, unless they try the sordid old Republican trick of prohibiting the use of appropriated funds to implement the rule. Which shouldn’t work, and if it does, there is always the veto.

    I kind of grudgingly admire how hard you work to stay stupid.

  17. 17.

    kdaug

    So why, John, were you a conservative/Republican in the first place? I’ve been around here for a while (since before the Shiavo conversion), and have admired your forthrightness, but what was the original appeal to leaning right?

    Just a home team thing?

  18. 18.

    Turgidson

    Of course ol’ fence-straddling Arlen had to throw unions under the Citizens United bus too, just to be balanced. Because union coffers are every bit as deep as, say, big Pharma’s. Blah. Enjoy retirement Arlen. You wouldn’t have beat Toomey either.

  19. 19.

    tofubo

    so arlen finally put on his glasses and started reading the leaves instead of drinking the tea

    he’s in the senate how many more hours ??

  20. 20.

    phillygirl

    And don’t forget Arlen’s leadership in trashing Anita Hill to get Clarence Thomas confirmed. So sorry I can’t vote against Arlen again. It’s been an exhausting 30 years of this lying piece of shit.

  21. 21.

    Another Bob

    . . . nominees commit under oath in confirmation proceedings to respect congressional fact finding and precedents

    After all of the lying and scamming that’s been dealt by Republicans over the past ten years and more, why does anyone still give them the benefit of the doubt? Why do they continue to get away scot-free, like Dick Cheney and Karl Rove, who broke laws but were never even investigated? Screw the stupid notion of bi-partisanship and civility. Republicans are mostly crooks. If the Democrats had been treating them like the scum they are they might have made a case for their own side by now. But still they keep validating their bullshit and covering for their lies. There’s a much stronger case to be made against Republicans than the milquetoast Democrats — for unknown reasons — have been willing to make. Democrats refuse to get down and dirty and fight these bastards, and the result is Republican hegemony. The Democrats should have gone nuclear on their ass four years ago. Now it’s too late.

  23. 23.

    Yutsano

    @burnspbesq: I give you that one cat toy moment, but please for the sake of the baby Jeebus leave that troll alone. He’s not only idiotic, he’s downright schizophrenic. Oh and seems to have a special thing for me.

  24. 24.

    Dork

    Chief Justice Roberts promised to just call balls and strikes and then he moved the bases.”

    In other equally shocking news, I have 2 feet and my shit is brown.

  25. 25.

    asiangrrlMN

    @Yutsano: Everybody wants you! How are you?

    As for Specter, it sounds like sour grapes. “Look at all the work we did! And they just ignored it!” Um, yeah. Isn’t that why you wanted them on the SCOTUS in the first place?

  26. 26.

    Yutsano

    @asiangrrlMN: One more day then I’m on vacay! Must remember to at least get power bill in the mail so the lights will be on when I get home. Tonight was dead at work, but at least I’m renting a car with the intention of replacing the current one. U haz kitteh pix I noticed. :)

  27. 27.

    newhavenguy

    The “center” has shifted sooooooooo far right in the last 20 years, hasn’t it?

    Cynical me, I was happy to get Specter as #60, and as it turned out it meant something. Sort of a Big Fucking Deal, once or twice. But… insane Republicans making me almost sympathize with Arlen-fucking-Clarence Thomas lovin’-Specter?!?

    Specter was nowhere near Right Wing enough for the GOP in its present state. (Yes, that Arlen Specter. Scary.) They’re looking more for Sharron Angle and Michelle Bachmann type talent these days. Leadership from intellectual powerhouses like Kyl and Pence… fuck, I have to vomit after putting those words in the same sentence.

    Better yet, the Liberal Media is too cowed to dare mention the simple fact that this, uh, isn’t your Dad’s GOP, it’s more like Robert Welch and George Lincoln Rockwell’s.

    Should be a fun couple of decades. You betcha! (Hint: we are the halibut.)

    Hmm, has anyone started a dead pool for the Times, WaPo, Newsweek, etc? We might as well have some fun with the pathetic, squirming demise of our 4th estate.

    Cheers,

  28. 28.

    Uriel

    @Tim: Don’t know if any one’s mentioned it already, but I just had to point out- fuck you numb-nut. That’s about all I have to say about your contribution to pretty much any discussion.

  29. 29.

    patrick II

    Specter was on the Judiciary committee and was the Republican hitman on Anita Hill during Thomas’ confirmation hearings. Thomas told the same sort of conservative justice lies during his hearings. Thomas denied he had ever even thought of abortion or Roe v Wade. Thomas claimed that the sexual accusations were a tool often used against his race, while at the same hearing denied racism stopped other blacks from moving forward and was thus against quotas. Thomas also voted with Roberts and the conservative majority on Citizens United. I am not sure why now Specter finds Roberts somehow beyond the pale.

  30. 30.

    asiangrrlMN

    @Yutsano: Woot the hoot! When are you going to the ‘rents? When is the Dawg coming home? Yeah, I got Tuuuuuunchie! I’m happy. I almost skipped tonight, which would have pissed me off.

    Oh, and I’m working on a Grumpy McCain rant for ABL’s place. I probably will post it tomorrow. Or maybe Christmas Day. Nice present, right?

  32. 32.

    Yutsano

    @asiangrrlMN: Leaving Thursday morning right after picking up the car. Then throw the shit in, grab the kitteh, and we gone. Only big concern is weather in the mountains but I’m watching that sitch closely. Not supposed to rain much Thursday so that’ll help. Dawg should be home any day now, but haven’t heard from him yet. Slight possibility I’ve been missing him because of my schedule though.

    You do realize if you had skipped there would be at least three Tunch pics and FH #1 and I would be e-mailing you like mad. And Christmas Eve deadline for the rant plz?

    @Bnut: That would be the plan, as A) it is a rental and B) I drive pretty rough until I figure out the quirks of a vehicle.

  34. 34.

    asiangrrlMN

    @Bnut: Is there a double entendre in there? I think there is.

    @Yutsano: You can’t miss Teh Dawg! That would distress me. And, I know that you and FH#1 and everyone else would laugh at me email me to let me know I’d missed the Tunchster. McCain: I will try. All that rage is hard to boil down to less than 2,000 words.

  36. 36.

    Yutsano

    @asiangrrlMN: List the 2000 ways he is a douchebag. His long and sordid history should make that simple enough.

    And I will try my damndest not to miss him if at all possible. But he hasn’t said he’s coming stateside for the holidays yet. Usually he does though.

    @Bnut: If I didn’t know any better I’d say you were trying to corrupt me good sir. Gonna indulge the other side of the famiglia this weekend?

  37. 37.

    Uriel

    @newhavenguy: Well put. Can’t say I ever hated Specter- disagreed with him plenty, sure, but I always felt that there was some core group of overriding principles the guy subscribed to that drove his actions most of the time, as wrong as I often thought they were.

    I really don’t get that from the current batch of nascent repubilcons. They seem to be driven mostly by shity football metaphors and a need to revenge childhoods spent as the last guy picked for the kick ball team, even as they spent they’re time doing every god-damned thing they could think of to be accepted by those groups. Basically a political party based on the same hang-ups that led to Lou Ferrigno, absent the self awareness.

    Not a promising psychological profile for the future.

  38. 38.

    asiangrrlMN

    @Bnut: Oh, I will. I am still waiting to see what you actually look like.

    @Yutsano: LESS than 2000 words, not more. I have NO problems with going on and on and on. I am trying for brevity, damn it. The Dawg: Well, lay a big fat wet one on him for me when you see him.

  39. 39.

    Comrade Mary

    For those keeping count:

    John announced his vacation on the 20th, and only posted twice.

    On the 21st, he posted 12 times, including a TUNCH! picture.

    He has posted once already today, the 22nd, in the wee hours.

    Love ya, John. Do take a break some time. We’ll survive.

  41. 41.

    Bnut

    So I tried this recipe tonight for Maker’s Mark bourbon balls. They are terrible. Waaayyy to liquory. I didn’t add any extra Maker’s. I threw them in the trash and am drinking the rest of the bottle. My father has been clean for almost 10 years now, so me and my sister would be the only ones eating them. His neapolitans are better anyway.

  44. 44.

    asiangrrlMN

    @Bnut: Damn, those are some balls! Maker’s Mark is best on its own, anyway.

    @freelancer: I listened to the guy for one second and then closed the window. I’m assuming he does unspeakable things to the car.

    @Tattoosydney: Hi, honey! ::waves madly in a counterclockwise direction::. How are you?

  45. 45.

    Bnut

    @Yutsano: No, thank FSM. X-mas will be me, dog, cat, eighth, fifth, movies. My sister is coming up for New Years, so that should be sweet.

    Edit: And my father has a blog now. And it’s damn good. But he won’t stop talking about it.

  47. 47.

    Yutsano

    @Tattoosydney: Activist judge = takes opposite position of conservative dogma. Unless you’re the Roberts court. Then it’s judicial wisdom. Yes it makes me ill too.

    Hi hon. You started holiday yet?

    @Bnut: I’m thinking that I may just stay in town and watch the Space Needle blow up on New Year’s. Unless I can talk some friends into going up to Vancouver with the new bebeh. It would be her first foreign country, and they might just be down for that. I need fam time this Xmas though, I missed it over Thanksgiving and that hurt.

  48. 48.

    asiangrrlMN

    @Andy K: No. I like the color black, and I like dahlias. I know. Boring and trite, but true. How you be? Doing anything special for the hollies?

    @Bnut: I was thinking how I didn’t hate Christmas so much this year, and I realized it’s in part because I’m not doing a family thing for Christmas.

  50. 50.

    Andy K

    @asiangrrlMN:

    Nah. I’ll go to mom’s on Christmas morning and have my picture taken with the boys again. And my sis, too, I guess. Clean the hell outta my apartment….Which just made me remember that I’m gonna get some sweeeet parking spaces this weekend! Yes!

  54. 54.

    Yutsano

    @Bnut:

    I edited alot out to protect my good name

    That ceased to exist the day you enlisted. The appellation Teufelhund didn’t come out of a vacuum.

  57. 57.

    asiangrrlMN

    @Andy K: I saw my first commercial Oct. 6. Fuckers. And, I love that clip because I have a friend who is a beach/heat fiend, and I am a snow/cold weather fiend, so she dubbed us Heat Miser and Snow Miser. She even gave me a Snow Miser doll.

    @Bnut: Like the one of you giving the MC the finger, right? You’re a cute one, aren’t you? I approve of you and ABL hooking up!

    P.S. Putin is gorgeous. Named after Vladmir? Aw, Crash is a cutie as well.

  60. 60.

    Yutsano

    @Tattoosydney: Got funded through March, so will have to suffer through dead period (basically every computer system goes down as it gets reprogrammed then has to be restarted slooooowly or else it all gets fried and we start all over again) otherwise getting excited for four days off. Then round March you get to really witness government dysfunction.

    @asiangrrlMN: I do believe I called gray Victorian tux. I’m standing by that assertion.

    @Bnut: Your father turns a phrase quite nicely. Very poetic and descriptive. Sort of a mental health break without Sully cooties.

  61. 61.

    Bnut

    @asiangrrlMN: Named after the same. My dad used to name all his animals after authors. Tolstoy was a bitey Shepard, Dickens was a 25lb Maine Coon who might was well have been a dog, etc. My first cat was Gorby bc of a spot, so I continued the trend.

  62. 62.

    asiangrrlMN

    @Yutsano: I think you said white. I am wearing a Morticia dress. So, we will make a dashing couple.

    @Tattoosydney: I’m doing all right. Working on my Grumpy McCain entry. I had a restrained, thoughtful entry, but I scrapped it. I’m going for ranting this time, methinks.

    @Bnut: I like your dad’s style, but calling two inches of snow a real snowfall…that’s just not right.

  63. 63.

    patrick II

    Credit where credit is due. In comment #29 I berated Specter for supporting Thomas, but I had forgotten that he had led the moderate charge against Bork. I guess there is a line Specter won’t cross and Roberts has crossed it.

  65. 65.

    asiangrrlMN

    @Bnut: Putin is not an author, and what about Crash, huh? Huh? What do you have to say about that, Dawg? Oh, I just saw the Gorby part, but Crash, you can’t say that’s a Russian name.

    @Bnut: I kinda got he was a New Yorker from the Bronx cheer bit. Which I think is cute. He’s good. Very slice-of-life-ish.

    @Ripley: Nicely done!

  66. 66.

    Ripley

    @Bnut:

    Tried a bourbon ball recipe posted here a few days back – scav provided it, I believe – pretty excellent, recommended; I subbed shortbread cookies for vanilla wafers. Not too boozy, but not weak in the knees either.

    Like Specter.

    There: politics, full circle, all that. Try the cookies, they’re good.

  67. 67.

    Yutsano

    @asiangrrlMN: No no no for the groom. Complete with cane, ascot, and top hat. Very very stylish. White is for my own wedding dammit. Dawg in dress blues with white trousers. And this.

  70. 70.

    Andy K

    Which reminded me to bookmark this. It’s not what it looks like. Not always, anyway. There are more than a few death-by-lol posts in there. Really.

  71. 71.

    Comrade Mary

    Did any of you see this yet?

    The commander in chief invited me to attend tomorrow’s bill signing; I am honored to report for duty.

    and

    Reclaiming my West Point ring at 1p in the majority leader’s office. I’m grateful for his leadership, service, and safe-keeping.

    Nice to see someone with skin in the game being a lot more gracious than some Firebaggers pouting by proxy.

  73. 73.

    Bnut

    @asiangrrlMN: You would not believe this building they live in. It has the most eclectic mix of people. My father has 3 post grad degrees and one of his neighbors sells drugs. Another is a doctorate student. Another is an 18 year old daughter of the local newsman. It is really like a sitcom. And this is NOT a nice building. It should be. But it’s damn creepy.

  74. 74.

    asiangrrlMN

    @Bnut: Well, hey. If shit my dad says can be made into a sitcom, why not one based on your dad’s blog? I bookmarked him, too. You should let him know of his new following.

  75. 75.

    Yutsano

    @asiangrrlMN: I was thinking some like this breaking out at the reception. Plus just getting the Dawg to do something like that would be worth the whole shebang.

    @Comrade Mary: Seeing that makes me question the validity of the HoffPo rant attributed to him.

  79. 79.

    asiangrrlMN

    @Yutsano: I’ve seen on the Twittertwatter that people think Choi is crazy (presumably because of the rant attributed to him). Link? And, yeah, that would be funny.

    ETA: I tried to find the rant on the Google, but could not. You find, plz. kthxbai.

    @Bnut: Any Marine try that with me and I would take his sword and slice off his fingers. I’m just saying.

    @Yutsano: Love that song. Have we heard from suzanne yet?

  81. 81.

    Yutsano

    @asiangrrlMN: Found it. The real off-putting part is the Obama rant in the middle. And curious to call it a compromise bill when my understanding is that it was unequivocal.

    And no bebeh news yet. Dammit.

  82. 82.

    asiangrrlMN

    @Yutsano: Ugh. Yeah. I don’t like that paragraph either, and not just because I’m an Obama fangrrl. I don’t get where the compromise is.

    @Bnut: The other acceptable alternative is that I would get to slap them on the ass as well. Then, I would be fine with it. This is, of course, purely hypothetical because I will get married.

  85. 85.

    lol

    @asiangrrlMN:

    My guess the “compromise” is the the 60 day waiting period or something. Gotta find a reason to be disappointed. The Professional Left is a parody of itself.

  87. 87.

    Yutsano

    @lol: And now he’s practically giddy at being at the signing. I’m not grokking this.

    @Andy K: My only response is Whiskey. Tango. Foxtrot.

    And with that, I’m outtie.

  91. 91.

    asiangrrlMN

    @lol: Well, I don’t consider him part of the far-lefters. I can understand it’s been hard on him. I just don’t get the compromise part. And, as Yutsy pointed out, he’s very proud to be at the signing. Weird.

    @Yutsano: Night!

    @Bnut: If I get to shag ’em all. But I’m NOT getting married, so not an issue.

    Eeps. I need to sleep, too. Night, bitchez.

  96. 96.

    daveinboca

    Gosh All Hemlock…

    A piece of Shit calls out his own ass for dropping turds on the public for all those years. Specter is an historical mistake, a footnote in history that got voted out after switching parties. Why listen to turds like him? Pennsylvania didn’t….

  97. 97.

    brantl

    When Roberts and Alito were being vetted for the court their records were clearly indicating what they would do in these situations. Both of these shitbags have done exactly the kinds of things that their records indicated that they would. Specter is just doing post-flasher ass-covering.

  98. 98.

    Jamie

    Well thanks Arlen, it’s good to know that you know that you didn’t do your job well. It’s too late to fix it so, no , I don’t forgive you.

  100. 100.

    kay

    @daveinboca:

    Specter is an historical mistake, a footnote in history that got voted out after switching parties.

    What’s interesting is that a lot of people are (now) saying it. The record of judicial activism re: Roberts and Alito is increasingly part of the mainstream dialogue. Conservative judges and lawyers may dispute it, and they are, but ten years ago (and you can use Bush v. Gore as a handy historical marker) this discussion was limited to Lefty circles.

    I’m pleased about that, it’s long overdue, but I suspect conservative judges and lawyers aren’t happy about it. They’re increasingly on defense in the public debate. About time. Spouting nonsense like “balls and strikes” probably won’t cut it anymore.

    Let’s see how they do when they actually have to explain how this philosophy hangs together, because I don’t think it does. More and more it seems to hing on a series of memorable slogans.

  101. 101.

    El Cid

    Specter’s comments about how radicals have taken over the GOP have gotten a lot of attention:

    “In some quarters, compromise has become a dirty word,” said Pennsylvania’s longest-serving senator, who lost his re-election bid after three decades in the Senate.
    __
    Specter complained that some GOP senators had helped tea party challengers beat incumbent Republicans like Utah Sen. Bob Bennett and Rep. Mike Castle in his Delaware Senate primary.
    __
    “Eating or defeating your own is a form of sophisticated cannibalism,” he said.

    That phrase “sophisticated cannibalism” when you’re “eating your own” is absolutely stupid.

    Surely cannibalism would be more “sophisticated” when you’re eating someone else than your own?

  102. 102.

    Sly

    @El Cid:
    “Sophisticated Cannibalism” makes me picture Hannibal Lecter eating the heart of a hospital orderly with some foie gras and a glass of Sauternes, while listening Mahler’s 9th.

    Something tells me that the wingnut recipe would not include any of those things.

  103. 103.

    Cacti

    There’s nothing in the Constitution that sets the number of Supreme Court Justices at nine. The number is set at nine by the Judiciary Act of 1869. With an incoming Republican House, it’s not going to change any time soon.

    But expanding or contracting SCOTUS can be done by simple legislative act.

  104. 104.

    Robert Volk

    “…thus effectively undermining the basic Democratic principle of the power of one person, one vote”

    The SCOTUS ruling allowed individuals to cast more than one vote?

  106. 106.

    aimai

    @El Cid:

    Well, I think he’s jumping off from the use of “sophistry” to mean “deceptive.” He means to say that its cannibalism, any way you slice it.

    aimai

  107. 107.

    Paul in KY

    @Bnut: I think Mike was the coach back in 1997 when we beat y’all in OT up at Commonwealth Stadium. Was there for that one, kids stormed field, tore down GPs, etc. etc.

    Later on some of the shine came off when it became apparent what a crappy team you had that year.

    I think y’all will whop State.

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