Tuesday November 16, 2021 Boise, Idaho - Governor Brad Little announced today Idaho joined another lawsuit challenging President Joe Biden's unprecedented government overreach and vaccine mandates. But the Supreme Courts decision will likely control the outcomes in those courts because the Supreme Court will express its view on whether the mandates are likely lawful. Happy Thursday! States brought challenges to the mandate in district courts in Florida, Missouri, Louisiana, and Texas and sought preliminary injunctions to block the mandate from going into effect. The question now is how quickly the Supreme Court will act. Mobile Arbeit und regionale Feiertage was gilt? The federal government responds that CMS considered the effect on staffing and rationally determined that few health care workers will actually quit when put to the choice of vaccination or their jobs. Second, Florida sought rehearing en banc of the U.S. Court of Appeals for the Eleventh Circuits decision refusing to enjoin the CMS vaccine mandate pending appeal. On Friday, Jan. 7, the U.S. Supreme Court will hold oral arguments on whether to allow the Centers for Medicare & Medicaid Services and Occupational Safety and Health Administrations vaccine mandates to go into effect while appeals are heard in the courts of appeals. The CMS vaccine mandate is not enjoined in the . This lack of historical precedent, coupled with the breadth of authority that the Secretary now claims, is a telling indication that the mandate extends beyond the agencys legitimate reach., The court then considered whether the Occupational Safety and Health Act plainly authorizes OSHAs vaccine-or-test mandate, and held that it does not. In November 2021, the Secretary an- . District judges in Louisiana and Missouri barred the Centers for Medicare and Medicaid Services from enforcing its vaccine mandate in all 50 states two weeks ago, siding with several. More fundamentally, the tenor of the CMS and OSHA mandate arguments were different. National Law Review, Volume XI, Number 335, Public Services, Infrastructure, Transportation, The Benefits of Donating Cryptocurrency and Digital Assets. So You're Green Prove It or Be Prosecuted: ACCC Sweep Finds 57 California Court of Appeal Addresses When Violations are Willful or Whats new in Belgium on the employment front? A stay granted by a federal appeals court in Louisiana could signal an uphill battle for the administration in getting the entire American . It is nearly unprecedented for the Court to hear argument at the stay rather than the merits stage, as they are doing here, and typically there would have been more briefing on issues of such significance. But CMS position may change, particularly following the Supreme Courts action on the federal governments application to stay the Louisiana and Missouri district court preliminary injunctions, and we will keep you updated if it does. The bottom line: the Supreme Court is going to have a busy holiday season ahead of it, and it will soon have the last word on whether these two mandates go into effect while the courts of appeals consider them on the merits. Covid-19. But a Supreme Court application is not a certainty given the Louisiana injunction; Florida might opt to rely on the Louisiana injunction rather than risk a Supreme Court application for an injunction pending appeal. LOUISIANA, ET AL. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. No matter how the court rules, expect the loser to ask the Supreme Court to step in and reverse the Sixth Circuits decision. In administrative law, issuing rules without notice and comment is the exception, not the rule. OSHA has announced that it is exercising enforcement discretion with respect to the compliance dates of the mandate. Facilities in the 25 states where the mandate is not enjoined must now comply with phase 1 of the CMS mandate staff at all health care facilities included within the regulation must have received, at a minimum, the first dose of a primary series or a single dose COVID-19 vaccine prior to staff providing any care, treatment or other services for the facility or its patients by Jan. 27, 2022. First, the median justices made the difference. The memorandum states that CMS has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation. The memorandum further directs that while these preliminary injunctions are in effect, surveyors must not survey providers for compliance with the requirements of the mandate. Key Insights from the Oral Arguments Before the Supreme Court in Vaccine Mandate Cases. How fast will we have a ruling from the Supreme Court? In a preliminary injunction issued on Tuesday, November 30, 2021, a federal judge in Louisiana temporarily blocked the implementation and enforcement of an interim final rule by the Centers for Medicare & Medicaid Services (CMS) that would require employees of Medicare and Medicaid certified health care providers and suppliers to have an initial COVID vaccine by December 6, 2021 and be fully . The vaccine mandate that Landry and other attorneys general challenge uses the Medicare and Medicaid system to require the vaccination of 17 million healthcare workers. And following the arguments, I will have summaries here and will be doing a podcast with AHA Deputy General Counsel Chad Golder breaking down the key takeaways for hospitals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. CMS is providing guidance and survey procedures for assessing and maintaining compliance with these regulatory requirements. The federal government also contends that it is being irreparably injured by the Missouri and Louisiana preliminary injunctions and that the public interest favors allowing the CMS vaccine mandate to go into effect while the Eighth and Fifth Circuits consider the federal governments appeals. The mandate had required all workers at facilities that participate in Medicare and Medicaid to get second shots by Jan. 4. DC Circuit to Disputes Ancillary to Patent Matters: You Cant Sit Consumer Fraud PFAS Cases Continue To Rise. OIRA Calls for Feedback on Recommendations to Encourage More Engagement in the Justice and Commerce Departments Announce Creation of Disruptive Technology Strike Justice Department Announces Application Form for Marijuana Pardon Certificates, Navigating the FCC's Universal Service Program: Compliance Requirements for Service Providers, Financial Services: Use of Limitation-of-Liability Clauses in Fiduciary Relationships. Stay tuned to the blog for more on the cases as they develop. The United States Supreme Court today heard oral arguments on whether to allow the Centers for Medicare & Medicaid Services vaccine mandate and Occupational Safety and Health Administrations vaccine-or-test mandate to go into effect pending review in the courts of appeals. The court will soon set a deadline for the challengers to respond to the federal governments application and for the federal government to file any reply, and could rule as soon as a few days after briefing is complete. (The OSHA mandate is a vaccinate-or-test mandate, but Ill shorten it to vaccine mandate.). This rule establishes requirements regarding COVID-19 vaccine immunization of staff among Medicare- and Medicaid-certified providers and suppliers. The federal government has until Dec. 10 to file its reply and the motion will then be ripe for decision by the Sixth Circuit. The court of appeals one-page order simply states that Florida failed to make the requisite showing for an injunction pending appeal. The practical import of the Eleventh Circuits order is minimal, because the CMS mandate is still enjoined in Florida as a result of the almost-nationwide injunction issued by the Louisiana district court. Third, the court understood that the long history of CMS infection-control regulations made the vaccine mandate an incremental step, not a sweeping new assertion of authority. Its been a busy time for challenges to the Centers for Medicare & Medicaid Services and Occupational Safety & Health Administration vaccine mandates. The Texas district court preliminary injunction means that the CMS vaccine mandate is paused in 25 states and in effect in another 25 states. As EPA continues to move toward identifying PFAS as Hazardous Is an OSHA Workplace Violence Standard for the Healthcare Industry on Yellen Calls on World Bank to Take Decisive Action on Climate Change, To Volunteer or Not: The Role of Community Association Board Members. OHIO Ohio's Attorney General has signed onto a Louisiana lawsuit that challenges the legality of the federal vaccine mandate for people working at health care facilities. NIOSH Announces Publication of Article on the Results of 2019 Survey How to Donate Cryptocurrency and Other Digital Assets to Charity. The challengers also argue that CMS acted contrary to law by issuing the vaccine mandate without notice and an opportunity for comment. The Future of Stablecoins, Crypto Staking and Custody of Digital White House Climate and Environmental Justice Screening Tool. Employers Beware: Non-Disparagement and Confidentiality Covenants in Consultation Paper On Review of Corporate Governance Norms For A High Californias War On The Fast-Food Industry Continues. The ruling stayed preliminary injunctions applicable to twenty-four states. The content and links on www.NatLawReview.comare intended for general information purposes only. Requiring a COVID-19 vaccine for health care workers, the court held, is ultimately no different. A court temporarily blocks Biden's vaccine mandate. States push CMS to repeal COVID-19 vaccine mandate. Licenses for Exports to Are You Ready for the UPC? Crucially, however, the median Justices seemed to accept that a more-tailored OSHA rule would be permissible. The ruling by U.S. District Judge Matthew Schelp in St. Louis prevents the U.S. Centers for Medicare and Medicaid Services (CMS) from enforcing its vaccine mandate for healthcare workers. On December 28, 2021, CMS provided answers to many of these open questions, announcing that it will begin enforcing its COVID-19 vaccine mandate as to regulated health care facilities in the District of Columbia, U.S. territories, and the 25 states where it is not currently judicially enjoined. The federal governments reply also argues that the Sixth Circuit should modify any injunction so that it only removes the vaccinate portion of the vaccinate-or-test mandate or so that it allows willing employers to implement a vaccinate-or-test mandatenotwithstanding contrary state law. But unless something unusual happens, the mandates will remain on hold past the initial December compliance dates facing facilities and employers. On Nov. 30 it entered a preliminary injunction enjoining the mandate, this time nationwide except for the states covered by the Missouri district courts injunction. CMS vaccine mandate requires all staff at health care facilities subject to the regulation, except for those with approved medical or religious exemptions, to be vaccinated. The preliminary injunction by the U.S. District Court for the Western District of Louisiana marks the second victory for opponents of the mandate, which requires health workers to get vaccinated by Jan. 4, 2022. Ms. Skubas defends employers against claims of discrimination, harassment, retaliation, wage and hour violations and state and federal FMLA violations. The federal government contends the mandate is a proper exercise of CMS statutory power to regulate Medicare and Medicaid-participating providers. Both sets of applications will be briefed at the same time and the Supreme Court will have the opportunity to rule on the fate of both the CMS and OSHA vaccine mandates at the same time, if it so chooses. federal procurement system to impose a vaccine mandate on another fifth of the American workforce. The court held that CMS reasonably concluded that a COVID-19 vaccine mandate was necessary to protect patient health and safety because "COVID-19 is a highly contagious, dangerous and especially for Medicare and Medicaid patients deadly disease." Justice Kavanaugh likewise asked the CMS mandate challengers how a COVID-vaccine mandate is any different from CMS unquestioned authority to make health care workers wear gloves when working with patients. In the OSHA-mandate arguments, the median Justices were concerned that OSHAs vaccine mandate was not tailored to workplace hazards and instead intruded on Congress and states role to protect the general welfare. Just as importantly for health care facilities, the federal government emphasized at argument that CMS will exercise its enforcement discretion so that facilities working in good faith to vaccinate their staffs do not have to fear significant enforcement action. 2. Second, businesses may face unrecoverable compliance costs and lose employees amidst a labor shortage. An update on the federal CMS vaccine mandate. Wednesday, December 1, 2021 The U.S. District Court for the Western District of Louisiana has granted a preliminary injunction enjoining the Centers for Medicare and Medicaid (CMS) from. The court recognized that the CMS vaccine mandate goes further than what [CMS] has done in the past to implement infection control but also that CMS has never had to address an infection problem of this scale and scope before. And the court noted that vaccine requirements are common in the health care setting and that healthcare workers and public-health organizations overwhelmingly support the CMS mandate, which suggests that a vaccination requirement under these circumstances is a straightforward and predictable example of the health and safety regulations that Congress has authorized [CMS] to impose.. I am expecting a decision before the end of January and before vaccine sequences have to be completed, but decisions may come out sooner, depending on how quickly the Court writes. "It Ain't Over 'Til It's Over" - Use Of A PTO Introduces Trademark Decisions and Proceedings Search Tool, FDA Issues Draft Guidance on Labeling of Plant-Based Milk Alternatives, Government Wins $43 Million Verdict in False Claims Act Case, BETO Will Host March 23 Listening Session on Next Billion-Ton Report. February 08, 2022 - Louisiana Attorney General Jeff Landry and 15 other state attorney generals have filed a complaint against HHS and CMS to block the COVID-19 vaccine mandate for healthcare workers. The government, as expected, moved to stay the district courts injunction pending appeal. It applies to full-time employees, part-time employees, volunteers and contractors at health care facilities that participate in Medicare and Medicaid programs, affecting an estimated 76,000 health providers. To request permission to reproduce AHA content, please click here. The courts decision confirms what we saw coming out of oral argument. "The vaccine mandate causes grave danger to the vulnerable persons whom Medicare and Medicaid were designed to protect the poor, children, sick, and the elderly by forcing the termination of millions of essential 'health care heroes,'" according to the lawsuit. Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date, Supreme Court Clarifies the Meaning Salary Basis Under Federal Overtime Law. Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Acts DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon A Forward Look at IRAs Sweeping Impact on the EV Sector [PODCAST]. The court therefore stayed the preliminary injunctions imposed by the Missouri and Louisiana district courts blocking the CMS mandate. But the Eleventh Circuit as a whole is more conservative than the three-judge panel that denied Floridas request for an injunction pending appeal, and Florida apparently hopes that the full court will overturn the three-judge panel. Florida has appealed to the U.S. Court of Appeals for the Eleventh Circuit and has sought an injunction pending appeal from the appeals court. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). The CMS mandate was implemented through an Interim Final Rule in November. The question now as it was yesterday whether Florida will rest on the preliminary injunction granted by the Louisiana district court or if it will attempt to be the first one to the Supreme Court with an application for an injunction pending appeal. The CMS vaccine mandate is likely to go into effect. Those states are: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington and Wisconsin. CMS-covered providers and suppliers, as well as indirectly affected third parties that provide services at covered providers and suppliers, are left without certainty. Then, theres the OSHA vaccine mandate. The federal government soon will ask the Fifth Circuit to stay the district courts preliminary injunction pending appeal, but has not done so yet. The U.S. Court of Appeals for the Sixth Circuit split evenly, 8-8, in declining to hear the case initially en banc, meaning by the entire court as opposed to a three-judge panel. First, the Eleventh Circuit in a 2-1 order declined to impose an injunction pending appeal in Floridas challenge. The 13-day timeline for the challengers response is slower than observers expected including me and suggests that the court does not see a rush to act on the application over the holidays. We are now waiting on the Sixth Circuit to act on two motions. The oral arguments were an almost-four-hour marathon and predicting outcomes based on the questioned asked is always risky. An electronic health record ( EHR) is the systematized collection of patient and population electronically stored health information in a digital format. In this post, well break down the legal issues confronting the Court and what to look for when the Justices convene (as of now, in person) on Friday at 10 a.m. CMS also will enforce its vaccine mandate in the District of Columbia and the territories. Biden,. Affected employers should communicate updates to employees with the understanding that the Louisiana ruling is preliminary. 4:21-cv-01329-MTS (E.D. the general public of the preclusive effect on the CMS Vaccine Mandate of the Western District of Louisiana's preliminary injunction." Within hours after the Fifth Circuit decision on December 15, 2021, narrowing the Louisiana injunction only to the party states in that case, the district court on the Texas case Fourteen of the attorneys general are from the 24 states that were affected by the Jan. 13 Supreme Court decision that upheld CMS' vaccination mandate for eligible staff at healthcare facilities . NLRB Places New Limitations on Confidentiality and Non-Disparagement Settlement Will Benefit Many Aging-Out Children in the Green Card SEC Commissioner Discusses Reform to Regulation D, Massachusetts AG Settles Enforcement Action Against Auto Lender. Key Insights from Jan. 7 Oral Arguments before the U.S. Supreme Court on CMS and OSHA Vaccine Mandates. Louisiana Attorney General Jeff Landry is leading the lawsuit. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Then theres the OSHA vaccine mandate. The federal government has appealed the Missouri district courts decision to the U.S. Court of Appeals for the Eighth Circuit and has asked the appeals court to stay the district courts preliminary injunction pending appeal. The OSHA mandate in its current form, meanwhile, appeared to face more skepticism from a majority of the Justices. Despite blocking President Joe Biden's vaccine mandate for private employers, the Supreme Court ruled in favor of the Centers for Medicare & Medicaid Services (CMS) vaccine mandate, which affects 10.4 million health care workers at 76,000 medical facilities. We are therefore expecting a decision soon on whether the Fifth Circuit will stay the Louisiana district courts injunction, and we expect that no matter who prevails, the loser will ask the U.S. Supreme Court to step in. And then theres Texas. First, the federal government, as expected, has appealed the Louisiana district courts almost-nationwide injunction to the U.S. Court of Appeals to the Fifth Circuit in New Orleans. Although they asked questions of both sides, the median Justices seemed generally satisfied by the answers they received from Deputy Solicitor General Brian Fletcher defending the CMS mandate. So what is next? Louisiana, and Tennessee helped Attorney . But the panel held that the distinctions were not so obvious that the federal government had shown the necessary likelihood of success on appeal to stay the Louisiana district courts preliminary injunction. Congress, the federal government argues, understood that OSHA would have expansive powers over American workplaces and authorized the agencys intrusion. HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW Telehealth Update: DEA Issues Long-Awaited Proposed Rule on CFPB Provides Guidance on Auto Finance Data Pilot, Two Maui Men Sentenced for Racially Motivated Attack on White Man, US Executive Branch Update March 3, 2023, EPA Holds Third and Final TSCA Engineering Initiative Webinar. AG Clamps Down on Local Solar and Battery Storage Moratoria. Politics and law. Joel Zinberg. But any attempt to finalize an OSHA vaccine-or-test mandate similar to the emergency temporary standard enjoined today seems likely to be blocked, as the White House seems to have recognized. So this does not end with the Sixth Circuits rulings. First, the CMS mandate. The U.S. Court of Appeals for the Eighth Circuit just denied a stay pending appeal of the Missouri district courts preliminary injunction enjoining the Centers for Medicare & Medicaid Services vaccine mandate in the 10 states that are part of that lawsuit. The appeals court denied the federal governments motion to accelerate the briefing schedule for its motion to lift the Fifth Circuits nationwide stay. 61,555 (Nov. 5, 2021), revising the "requirements that most Medicare- and Medicaid-certified providers and suppliers must meet to participate in the Medicare and Medicaid programs." 86 Fed. And when the CMS vaccine mandate challengers came under fire from the more-liberal Justices, none of the median Justices came to bail the challengers out. And with further appeals to the U.S. Supreme Court a certainty after the courts of appeals rule, we may not know the ultimate fate of the CMS vaccine mandate pending appeal until Christmas or even the end of 2021. In addition, because the inherently time-limited mandates will likely expire before the courts of appeals can review them on the merits and the Supreme Court can decide whether to grant plenary review, the Supreme Courts decisions will likely dictate whether the CMS and OSHA mandates ever go into effect in their current forms. AHA does not claim ownership of any content, including content incorporated by permission into AHA produced materials, created by any third party and cannot grant permission to use, distribute or otherwise reproduce such third party content. Idaho and 11 other states are part of a Louisiana lawsuit seeking to stop Biden's vaccine mandate on healthcare workers. Chief Justice Roberts, for instance, repeatedly asked the CMS mandate challengers whether the Spending Clause context makes it different than the OSHA mandate. The more-conservative Justices, however, argued through their questions that it is important to maintain what they saw as the appropriate balance between the executive and legislative branches, even in a pandemic. Today, the Supreme Court asked the federal government for a response to the challengers applications by Dec. 30 by 4 p.m. The court viewed the Act as limited to workplace safety standards, not broad public health measures. To the court, although COVID-19 as a risk in many workplaces, it is not an occupational hazard in most. Allowing OSHA to regulate that universal risk of COVID, the court believed, would significantly expand OSHAs regulatory authority without clear congressional authorization.. Records are shared through network-connected, enterprise-wide information systems or other information networks and . No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. In doing so, employers must consider applicable state laws that may limit such a voluntary mandate. In a 44-page opinion, the majority of the three-judge panel criticized the Louisiana district court for issuing an almost-nationwide injunction that included Florida, explaining that it was inappropriate given the Florida district court order denying Florida an injunction and unnecessary for national uniformity. We have three small updates in the pending challenges to the CMS vaccine mandate. Noting that [o]ther courts are considering these same issues, the Fifth Circuit concluded that [t]he vaccine rule is an issue of great significance currently being litigated throughout the country and that [it]s ultimate resolution will benefit from airing of competing views in other courts. How Concerned Are the Median Justices About the Lack of Notice and Comment? How Were the CMS and OSHA Arguments Different? And Justice Barrett signaled that she thought that mandate was too broad in its current form. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. But it is unheard of for the full court to hear oral argument directly on an emergency application like this. Five judges joined an opinion by Judge Karen Nelson Moore stating that initial hearing en banc was an inefficient process and ill-suited to the complex case before the court. The purpose of Medicare and Medicaid is to assist states in financing healthcare services for the needy through federal funding. Second, the court saw the CMS regulation as tailored to the threat COVID poses in the health care setting, whereas the OSHA rule was too indiscriminate in regulating all workplaces with 100+ employees. The arguments against the OSHA vaccine mandate are similar, but slightly different. The challengers also have asked the entire 16-judge court to hear the case rather than the usual three-judge panel, a move called initial rehearing en banc. The federal government has opposed, and the motion is now before the Court for decision. The result of the motion to hear the case initially en banc, then, may strongly influence the result of the motion to lift the Fifth Circuits stay. That means the preliminary injunction will remain in effect past the initial Dec. 6 compliance date for the vaccine mandate. Currently, CMS doesn't require any vaccinations for health care workers. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. The Supreme Court Grants Petition to Decide Constitutionality of CFPB Understanding Your Law Firms Value Proposition, Spike in Migrants Crossing U.S.-Canada Border Raising Concerns, Bill to Amend the Gramm-Leach-Bliley Act Introduced to Congress, Energy & Sustainability Washington Update March 2023. The CMS rule is preliminarily enjoined in 25 states, including: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming. The federal governments reply argues that the OSHA vaccine mandate is statutorily authorized; constitutional; and appropriate given the circumstances. Breaking the Link New Developments on U.S. The Eighth Circuits denial of the federal governments motion means that the CMS vaccine mandate remains enjoined nationwide. The court found that the government lacked the statutory authority to issue the rule. Her practice is focused on employment litigation, preventive counseling and labor relations. But Judge Suttons concluding line, stating that [t]he Court should grant the petition for initial hearing en banc and leave the Fifth Circuits stay of the emergency rule in place, strongly suggests that the three-judge panel will lift the Fifth Circuit stay and allow the OSHA vaccine mandate to go into effect. The U.S. Supreme Court January 7, 2022, held oral arguments on whether to allow the Centers for Medicare & Medicaid Services and Occupational Safety and Health Administrations vaccine mandates to go into effect while appeals are heard in the courts of appeals. What do all the decisions from the courts of appeals this week mean for enforcement of the CMS and OSHA vaccine mandates? That would prevent enforcement but defer the bigger statutory questions until CMS and OSHA issue final vaccine-mandate rules with public participation, which will start the cycle of litigation all over again. In their questions, the three Justices drew a distinction between the CMS mandate, which merely states that the federal government will only spend its health care dollars at facilities with vaccinated staff, and the OSHA mandate, which the Justices viewed as an expansive direct regulation of American workplaces normally left to states or Congress.
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