Supreme Court

The Animus Amicus: Archive Activism and Marriage Equality

Note: This article first appeared at Huffington Post. 

In April, the U.S. Supreme Court will hear arguments on the constitutionality of state laws that ban same-sex couples from getting married. The historic case has attracted a wide array of amicus briefs; People For the American Way Foundation joined religious and civil rights groups on a brief urging the Court to reject discriminatory marriage bans and challenging “religious liberty” arguments opposing marriage equality.

One fascinating brief was filed by the Mattachine Society of Washington, D.C.  The original group by that name was led by Frank Kameny, an astronomer who was fired from his federal job for being gay and led some of the earliest gay-rights protests in the nation’s capital in the 1960s. The name and legacy have been revived by local activists Charles Francis and Pate Felts for the purpose of documenting decades of systematic anti-gay discrimination by the federal government. In partnership with pro bono attorneys from the firm of McDermott Will & Emery, the new Mattachine Society of Washington, D.C. is engaged in strategic “archive activism.” They are using the Freedom of Information Act to unearth a “culture of animus” that permeated the U.S. Civil Service Commission – now known as the Office of Personnel Management – and to bring to public light previously closed records about investigations challenging workers’ “loyalty” and “suitability.”

“The investigation and firing of gay and lesbian federal employees was like shooting fish in a barrel for the General Counsels and legal staff of the Civil Service Commission,” says Francis. “The animus, almost sports-like in their writings, is documented in decades of legal advisory files we discovered this year at the National Archives.”

Among the historical tidbits unearthed by the project: Nancy Reagan turning down a plea from a dying Rock Hudson for help getting into another hospital; and anti-gay activist Gary Bauer’s no-holds-barred, but ultimately unsuccessful, effort to keep the White House from including a gay person on the nation’s first AIDS commission.

The Mattachine Society’s project is about preserving the historical record, but it also has an important legal purpose, which is demonstrating that anti-equality laws and regulations have long been grounded in hostility, or animus, that is not a permissible justification for discrimination.  Chief Justice John Roberts’ dissent from the Supreme Court decision in Windsor, which overturned the Defense of Marriage Act, demonstrates the importance of this archival work. Roberts suggested there is insufficient evidence – he waved it away as “snippets of legislative history” – to demonstrate that DOMA’s purpose was to “codify malice.” Added Roberts, “I would not tar the political branches with the brush of bigotry.”

There’s no escaping the brush of bigotry, the reeking stench of bigotry, exposed by the Mattachine Society’s brief, which links to more than 35 historical documents that demonstrate the ways that the Civil Service Commission, often in partnership with J. Edgar Hoover’s FBI and other law enforcement agencies, investigated people suspected of sexual “perversion” and robbed them of their federal jobs and careers.

From the amicus:

For decades, this animus was one of the basic assumptions of American life. It was so persistent, so prevalent, and so instrumental to the way that we structured our institutions, treated our fellow citizens, and organized our lives that, in retrospect, it is often overlooked….

For decades, both federal and state governments targeted and persecuted homosexuals, individuals suspected of being homosexual, and even those believed to have engaged in homosexual acts, regardless of actual sexual orientation. The stated rationale shifted over time—from concerns about national security to code words, such as “suitability”—but the point was always the same: government officials, federal and state, high and low, felt a complete revulsion toward homosexuals and wanted to purge the country of even the hint of homosexuality.

Animus, therefore, was a culture. And with that culture came a language. For decades,  government officials referred to homosexuality in official, often highly confidential or privileged communications, as “unnatural,” “uniquely nasty,” “immoral,” “deviant,” “pervert[ed],” and an “abomination.” Even the FBI had a term for the program that it designed to rid the government of homosexuals—the “Sex Deviate Program.” Once it attached, whether based in fact or mere speculation, the label of homosexuality remained forever fixed. As one senior executive official wrote, “once a homo, always a homo.” And, as one state legislature put it, what homosexuals wanted was “recognition.” And “recognition” was something to fear….

The effort to purge “sex deviates” began well before President Dwight Eisenhower’s 1953 Executive Order 10450, but that action explicitly made “sexual perversion” a disqualification from federal employment. Congress was in on the act as well. The Mattachine amicus quotes from a 1950 document from the US Senate Subcommittee of the Committee on Expenditures in the Executive Department:

There is no place in the United States Government for persons who violate the laws or the accepted standards of morality, or who otherwise bring disrepute to the Federal service by infamous or scandalous personal conduct . . . . It is the opinion of this subcommittee that those who engage in acts of homosexuality and other perverted sex activities are unsuitable for employment in the Federal Government.

The federal government also worked in concert with anti-gay activities being carried out at the state level. One of the documents uncovered by Mattachine’s Freedom of Information Act requests is a 1963 note from Civil Service Commission General Counsel L. V. Meloy to Charley Johns, chairman of the Florida Legislative Investigation Committee on Homosexuality and Citizenship.

The infamous Johns Report wallowed in salacious descriptions of “the special world of homosexuality” and warned of “aggressive homosexuals” seeking recognition and legal equality. The report described teachers engaging in sex in public bathrooms and little league coaches seducing teenagers, asserting, “The plain fact of the matter is that a great many homosexuals have an insatiable appetite for sexual activities and find special gratification in the recruitment to their ranks of youth.” The report included a glossary of “sex offenses” that were illegal under Florida law and eight pages of homosexual slang and “deviate acts.”

Meloy’s letter asking for “several copies” of the report said that the “Federal Government has related problems in this area and … [the] investigation will shed additional light on a most difficult problem in suitability for government employment.” The Florida committee specifically targeted gay teachers but also resulted, according to the Mattachine amicus, in the removal of at least 37 federal employees.

The brief also documents that the Civil Service Commission shifted its strategies in response to court rulings challenging its policies. The brief goes into some depth documenting the case of William Dew, an African American Air Force veteran. Dew was married with a pregnant wife when he was fired from his job as an air traffic controller in 1958 for having admitted years earlier as part of a job application to the CIA that he had experimented with gay sex when he was in college. After a six-year legal battle, culminating in the Supreme Court agreeing to hear Dew’s appeal, the government settled with him. But rather than loosening the CSC’s anti-gay policies, the government strengthened its resolve in the wake of the Dew settlement and, in the words of the Mattachine amicus, “demonstrated its willingness to use all of its resources to crush homosexuals and those who engaged in homosexual acts with its suitability standards.”

Following a 1969 DC Circuit Court ruling that challenged the firing of federal workers for something that had nothing to do with the performance of their jobs, the CSC General Counsel at that time, Anthony Mondello, argued that federal agencies would have a hard time attracting quality workers if applicants knew they might have to work with “people who repeatedly engaged in serious misconduct offensive to community standards.”

The CSC and its successor, the Office of Personnel Management, continued to target gay federal employees throughout the 1960s and 1970s and into the 1980s.

The Mattachine Society brief ends with an appeal to the Court’s history of addressing anti-gay animus:

The Dew case is important for another reason as well—one that goes to the heart of the cases now before this Court. For decades, there was no limit to the animus meted out against LGBT Americans and no end to its reach. It poisoned every institution in the United States and seeped into the lives of all Americans, not merely those of gays and lesbians. So too, the language of animus became commonplace among those in the highest positions in government: “homo,” “sexual deviant,” “pervert,” “abomination,” “uniquely nasty,” and other derogatory terms and phrases were used with bureaucratic ease as a way to define, cabin, and limit the citizenship of LGBT Americans. As the Dew case perfectly illustrates, the animus even extended to those who were not gay.

It was the courts—and in the case of Dew, this Court—that ultimately stepped in to set the course right. This Court knows animus when it sees it, and it has a well-established line of cases overturning laws that by their text, background history, and effect, relegate a class of citizens to second-class status. Seee.g., Romer v. Evans, 517 U.S. 620 (1996); Lawrence v. Texas, 539 U.S. 558 (2003); and United States v. Windsor, 133 S. Ct. 2675 (2013). Indeed, this Court has already recognized the long history of discrimination and animus against homosexuals. Seee.g., Lawrence, 539 U.S. at 571.

The newly revealed documents cited herein merely reinforce what this Court already knows. For decades, there was a culture of animus against LGBT Americans that permeated every aspect of American life and every American institution. In many places, that culture continues to this day. To say that the marriage bans now at issue are not somehow the product of this historical animus is to ignore reality. We may not see the air that feeds the flame. But, for decades, animus against LGBT Americans fed the flames of hatred, revulsion, and disgust from which the current marriage bans arose.

The Mattachine Society of Washington, D.C. is optimistic about the impact of its brief. “The government attorneys who administered the federal ban on homosexuals have met their match in our pro bono counsel McDermott, Will & Emery’s powerful amicus brief," says Francis, "The McDermott brief is a lasting account of an unconstitutional ‘culture of animus’ embedded through seven Presidencies.”

PFAW

Mat Staver: Second American Revolution Needed To Stop Gay Marriage

In a radio interview this weekend, Liberty Counsel’s Mat Staver called on states to defy a Supreme Court ruling on marriage equality if it goes “the wrong way.”

“What we could have is the Supreme Court issuing its decision on marriage the wrong way, and Alabama saying, ‘Goodbye, get out of my state, that’s not what’s going to happen to my state,’” Staver told anti-LGBT pundit Linda Harvey, adding that he hopes Texas will also flout such a decision.

The Religious Right legal activist went on to insist that California’s Proposition 8, the gay marriage ban that was struck down by the federal courts, “still is applicable” in most of the state. “They have no legal authority to issue those same-sex marriage licenses,” he claimed.

Staver said that people should prepare to commit civil disobedience if same-sex marriage becomes legal, pointing to the example of a North Carolina magistrate who is refusing to issue marriage licenses to same-sex couples and offering an extremely twisted account of a controversy involving Catholic Charities in Massachusetts.

“Go back to the days of Martin Luther King Jr., go back to the days of the American Revolution,” Staver said. “I think it’s that serious.”

Americans Will Know Who to Blame If the Roberts Court Wrecks Our Healthcare System

This op-ed was originally published at The Huffington Post.

Some Supreme Court cases are really tough ones, with important, difficult, and complex legal questions about constitutional meaning or statutory interpretation, where justices have to choose between two powerful and compelling arguments. Sometimes the court is called upon to resolve an issue that has divided the circuit courts. Other times there is a lower court ruling so at odds with logic or precedent that it needs to be reviewed and corrected.

And then there's King v. Burwell, the Affordable Care Act subsidies case being argued this week.

Those challenging the law have an extremely weak legal case, there is no split in the lower courts, and there is no clearly wrong lower court ruling that needs to be corrected. This is a meritless case that was ginned up by conservatives seeking to enlist the Supreme Court in their political efforts to destroy the ACA. That at least four justices voted to hear the case is ominous enough. But a victory for the challengers would make it more clear than ever that political considerations are infecting a majority of the court.

Some background: Section 1311 of the ACA directs states to establish health insurance exchanges, creating competitive markets in every state for people to buy affordable insurance no matter where they live. But Congress also recognized that states might choose not do this, so Section 1321 says that in those cases the federal government should set up the exchange instead. The purpose of doing this was to ensure that even if states declined to set up an exchange pursuant to Section 1311, fully functional stand-ins would exist. This is essential to the structure of the law: The financial model relies on competitive markets with affordable insurance being available in every state.

To ensure affordability, the law also establishes subsidies for people below a certain income level to make sure they can buy insurance, which is necessary for the entire structure of the ACA to work. One subsection of the law establishes some key definitions, including an "eligible taxpayer" who is entitled to these subsidies, and the main criterion is income level. Try as you might, you won't find anything there saying that eligibility is at all tied to where someone lives.

A separate subsection says how to calculate the amount of the subsidy. Bizarrely, the conservative opponents of the ACA say that it is here that Congress chose to establish an enormously important additional eligibility criterion that, for some reason, they didn't put in the eligibility section: You have to live in a state that has set up its own exchange, rather than in one where the state has allowed the federal government to set it up instead.

This strange interpretation of the ACA depends on a deliberate misunderstanding of the subsidy provision's stating that the amount is based on the monthly premiums for a policy purchased through an exchange "established by the state under [section] 1311" of the ACA. But to interpret this provision the way the anti-Obamacare activists do, we'd have to deliberately blind ourselves to how it clearly fits with the ACA as a whole.

So we're supposed to pretend that Congress didn't specifically empower the federal government to set up fully functional stand-ins for state exchanges in states that declined to create them. And we're supposed to think that Congress hid a critically important criterion for subsidy eligibility in a section on calculating the subsidy amount. And we're supposed to accept that Congress intended to undercut the financial viability of the law and thwart its central purpose of providing affordable health care to all. As D.C. Circuit Judge Harry Edwards wrote, "[i]t is inconceivable that Congress intended to give States the power to cause the ACA to crumble."

No one could possibly believe that. You can't possibly look at the text of the Affordable Care Act and interpret it in the way that its enemies have conjured up.

And as journalists like Glenn Kessler have pointed out, congressional Republicans who today insist that Congress intended for subsidy eligibility to depend on what state you live in were saying nothing of the sort when the law was being debated. Their statements at the time show they assumed subsidies would be available nationwide.

It is also clear that state legislators -- regardless of party -- deciding whether to set up their own exchanges never contemplated the possibility that choosing to let the federal government do it would deny much-needed subsidies to people in their state. In fact, that point is made quite effectively in an amicus brief authored by the Constitutional Accountability Center on behalf of members of Congress and state legislatures.

When this nonsensical lawsuit was heard at the Fourth Circuit, it was rejected by a unanimous panel of judges. In his concurring opinion, Judge Andre Davis wrote:

What [the ACA opponents] may not do is rely on our help to deny to millions of Americans desperately-needed health insurance through a tortured, nonsensical construction of a federal statute whose manifest purpose, as revealed by the wholeness and coherence of its text and structure, could not be more clear.

Yet when the ACA opponents appealed to the Supreme Court, at least four justices (the minimum required to grant certiorari) agreed to hear the case.

It would be nice to believe that the only reason was to issue a 9-0 ruling slapping down this lawsuit and condemning those who would abuse the court system by seeking to enlist federal judges in their political fights. Unfortunately, this is the Roberts court, a court with a history of bending the rules, twisting the law, and doing whatever it takes to get to an outcome beneficial to conservative and corporate interests. With cases like Citizens United, Hobby Lobby, Ledbetter, Shelby County, and so many others, a narrow 5-4 majority has made opponents of the Affordable Care Act think they could gin up a meritless case and carry the day.

If the Roberts Court chooses to sabotage millions of Americans' access to health care, the consequences will be catastrophic for many everyday people, and possibly fatal to some. While there may be Americans who weren't paying attention to some of the wrongly decided cases noted above, it is hard to imagine any American missing this one -- and not knowing exactly who to blame.

PFAW Foundation

Anti-Gay Groups Want Congress To Block A SCOTUS Marriage Equality Ruling

A coalition of far-right groups, including Faith 2 Action, Americans For Truth About Homosexuality, BarbWire, Vision America Action and the Judicial Action Group, wants Congress to order the Supreme Court and other federal courts to “cease and desist” from ruling on same-sex marriage cases.

In a letter to Congress, which it dubs a “Restraining Order,” the coalition claims that the “judicial usurpation” on marriage “fueled a government assault on Constitutionally protected First Amendment rights of pastors, churches, business and facility owners, employees, public officials, organizations, ministries and citizens.”

Of course, the coalition is asking for as much as $49.95 to send the letters to members of Congress.

Mat Staver: Marriage Equality Might Turn Kids Gay

In an interview in January, Liberty Counsel’s Mat Staver warned that the Supreme Court could “change Western Civilization” if it “goes the wrong way” and strikes down bans on same-sex marriage.

Marriage equality, he said on the conservative radio show “Point of View,” might even lure children into homosexuality.

“It also changes everything in the school when they begin to learn not just about same-sex relationships, but about same-sex activities,” Staver said. “They ultimately get encouraged to pursue this kind of lifestyle. They have gender confusion when young boys naturally are gravitating towards one another and young girls towards one another, if you now inject the same-sex sexual activity into the school curriculum, it will suggest to them and ultimately push them on a road of experimentation where they might engaged in same-sex activity.”

Staver also saw the bright side of a gay marriage victory, claiming that the effects of legal same-sex marriage will be so devastating that “we could see the greatest revival of our country and the church standing up being the church.”

If not, Staver warned, “we’re going to see persecution.”

“This is going to be the Civil Rights Movement of the 1960s for religious liberty,” he said.

Religious Right Activist Admits That Marriage Equality Bans Are Like Anti-Miscegenation Laws

Brian Camenker of the anti-LGBT group MassResistance spoke to the American Family Association’s Sandy Rios this week about how same-sex marriage has wreaked havoc on Massachusetts since it became legal in 2004, declaring that ten years of marriage equality has been “terrible” for the Bay State.

“It is very, very scary. It has permeated the public school system, it has permeated the public health system, the legal system,” he said. “It has basically overwhelmed everything. It’s been a nightmare. It’s been very bad.”

Camenker’s remarks didn’t come as much of a surprise given that he once told The Daily Show that marriage equality would somehow contribute to homelessness, higher crime rates, and poorer air quality.

What did come as a surprise was Camenker conceding the point that bans on same-sex marriage are similar to laws banning interracial marriage ... and he did so by defending the constitutionality of anti-miscegenation laws!

On the face of it, the Fourteenth Amendment says that everybody will be treated equally, that the law will treat everyone equally. Well, the law treats everyone equally; everyone can only marry someone of the opposite sex. That’s it. There is no Fourteenth Amendment problem unless you stretch it to such ridiculous lengths and twist it around to claim there is. But yes, every person can only marry someone of the opposite sex. Now someone may say that it was the same issue with the miscegenation laws. And that’s true. The miscegenation laws were not a violation of the Fourteenth Amendment because they applied to everybody. As an aside, I was living in the South at the time when the miscegenation laws were struck down and the interesting thing about that was, nobody paid any attention to it, nobody cared, it was like page 25 in the newspaper, there weren’t these signature drives or meetings and gatherings. Nobody really cared at all. Here it is a much different thing because it really is a moral issue.

The Supreme Court in Loving v. Virginia struck down anti-miscegenation laws on the basis that they violated the Fourteenth Amendment. It was indeed a “moral issue” at the time, as many religious conservatives frequently alleged that interracial marriages were contrary to biblical teachings and natural law.

Some Americans, disproportionately white, still oppose interracial relationships today.

Equally preposterous is Camenker’s claim that “nobody cared” about the Loving decision. Many states have attempted to keep their anti-miscegenation laws on the books, and interracial couples have faced a long history of violence and discrimination.

At least Camenker, unlike other Religious Right activists, is being consistent in his opposition to the reasoning behind the Loving ruling and court decisions in favor of marriage equality for same-sex couples.

Roberts Court Sets Its Eye on Fair Housing Law

At least four of the Court's conservatives are set on imposing their own ideological vision of what our nation's fair housing laws should look like.
PFAW Foundation

Sorry, Sen. McConnell, But on Judges, Your Party IS "Scary"

Mitch McConnell says Americans shouldn't fear GOP control of the White House and Congress. He is wrong.
PFAW

New Study Examines Corporate Echo Chamber at Supreme Court

A Reuters study documents the influence of a small number of Supreme Court lawyers, most representing corporations.
PFAW Foundation

Pregnant Workers' Rights at the Supreme Court

Peggy Young's employer made her choose between her job and her pregnancy, but can employers do that?
PFAW Foundation

Rick Wiles: Justice Ginsburg 'Is One Of The Most Wicked, Vile Human Beings On The Planet'

The last time Scott Lively appeared on “Trunews,” the right-wing pastor told host Rick Wiles that President Obama is the Antichrist (a claim he later denied, but ultimately conceded, making). In an interview yesterday, the two spent most of their time attacking gay rights and predicting that the Supreme Court will soon rule in favor of marriage equality.

Wiles warned that “corrupt, perverse judges” will soon declare that “multiple people in a marriage is constitutional,” and Lively said that Justice Ruth Bader Ginsburg already “telegraphed” the court’s intentions to strike down same-sex marriage bans once “society is ready for it.”

“She is one of the most wicked, vile human beings on the planet,” Wiles said.

“They’re going to rule against us, they’re going to rule for homosexual marriage, that might be the last straw for America, I don’t know, but God would have to apologize for Sodom and Gomorrah,” Lively said, before insisting that despite America’s imminent destruction he won’t leave the country “until the angel comes and grabs me by the hand.”

Russia, according to the two anti-gay pundits, may be their last hope to stop “the homosexual movement” and its backers in the “New World Order.”

Lively hoped that a “coalition of conservative nations led by Russia” will emerge to stand up to pro-gay “elitists,” who then in turn will try to “collapse the current economic system” until everyone succumbs to their gay, Marxist agenda.

Religious Right Activist Wants An Anti-Gay 'Uprising' If SCOTUS Rules For Marriage Equality

Phil Burress, head of the Ohio-based Citizens for Community Values, thinks that the American people will revolt if the Supreme Court makes a sweeping ruling in favor of marriage equality.

Speaking over the weekend with Mission America’s Linda Harvey, Burress said he feared that the Supreme Court “will force same-sex marriage on all fifty states,” adding that “the nation is not going to stand for this.”

Burress added that in the event of such a ruling anti-gay activists will be forced to reorganize and launch a new campaign to amend the Constitution: “I really believe if the Supreme Court was to rule the wrong way, I think you’re going to see an uprising and a demand for a constitutional amendment that takes this matter out of the hands of the courts and puts it back into the states.”

Burress went on to attack Sen. Rob Portman, the Ohio Republican who endorsed marriage equality after his son came out as gay, pledging to defeat to him if he runs for re-election and unite Portman’s conservative opponents around a single primary challenger.

“We did a poll of just conservatives, the values voters, dealing with just Portman,” Burress said. “Seventy-two percent of them said that they would not support Portman. If he runs, he will lose.”

He claimed that marriage equality is losing support among voters: “The reason they are losing support is because people are understanding this is not about same-sex marriage or same-sex unions anymore, it’s about persecution, it’s about suing people, it’s about forcing people to comply with what they want or else we’re going to put you out of business and if you don’t comply then we’ll put you in jail.”

Supreme Court Review of ACA Case Muzzles the DC Circuit

Since the Roberts Court took the ACA subsidies case, other courts likely won't have a chance to join the 4th Circuit in exposing how weak and political the case is.
PFAW Foundation

Citizens United: Our Supreme Court Case Helped Secure GOP Win

A flood of outside spending, much of it undisclosed “dark money,” helped Republicans make significant gains in yesterday’s elections. The Supreme Court’s 2010 Citizens United decision helped trigger the campaign spending avalanche, and so it come as no surprise that Citizens United’s leader David Bossie took a victory lap today in a press conference of conservative activists reacting to the election results.

Citizens United, our Supreme Court case, leveled the playing field and we’re very proud of the impact that had in last night’s election,” he said. “A robust conversation, which is what a level playing field allows, really creates an opportunity for the American people to get information and make good decisions.”

Bossie also accused Senate Democrats of trying to “gut the First Amendment” by voting in favor of a constitutional amendment that would overturn the Supreme Court’s decision in the case.

John Oliver and Friends Stress the Importance of the Supreme Court

Oliver's comedy bit is premised on a truth: The Court is too important not to pay attention to.
PFAW

John Roberts, Calling Strikes and Strikes

Allowing Texas to enforce a voter ID law found to be intentionally discriminatory suggests the "umpire" takes sides.
PFAW Foundation

Tony Perkins: Legalizing Gay Marriage Is Just Like Ignoring Gravity

On his radio program yesterday, Family Research Council President Tony Perkins criticized marriage equality supporters for trying to “marginalize and silence those who support traditional marriage,” warning that the success of the gay rights movement will have grave consequences.

Despite the recent string of court victories in favor of marriage equality, Perkins said “marriage will be an issue” on the campaign trail that “will not go away because it’s rooted in nature.”

“You can act like it’s not there, you can act like gravity doesn’t work, but I’m going to tell you it will catch up with you sooner or later and you are going to hit the ground and culturally we are going to hit the ground by ignoring the realities of marriage,” he said.

Later in the show, Mat Staver of Liberty Counsel said that by declining appeals from states trying to uphold their bans on same-sex marriage, the Supreme Court effectively spread a “fire” around the country and is now trying to avoid the blame.

Instead of the Supreme Court stepping in and putting a stop to it to allow these marriage amendments to be upheld, something that they hinted at they might do last year, they just stood by the side, crossed their arms and said, ‘It’s not us, it’s the other courts that are doing it, we’re just not going to get involved.’ It’s like pushing a car off the cliff and watching it fall and then saying, ‘We’re not the ones who really caused the damage, it was the impact down below.’

But the Supreme Court started this, they literally took a match and threw it onto a gas can in 2013 [in the Windsor case]. And as that fire began to race across the country they had the ability to put it out and instead they just stood to the side and they’re not going to take the blame for it, but it literally is the blame of the United States Supreme Court with this 5-4 decision in 2013. It is irresponsible, absolutely irresponsible for this court to do that.
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