Abortion in the United States Warning: You are not logged in. Your IP address will be publicly visible if you make any edits. If you log in or create an account, your edits will be attributed to your username, along with other benefits.Anti-spam check. Do not fill this in! ===State-by-state legal status=== {{main|Abortion in the United States by state|Types of abortion restrictions in the United States}} {{multiple issues|section=yes| {{Disputed section|date=May 2022|Content dispute in section: State-by-state legal status}} {{Original research section|reason=due to uncited, undated maps.|date=May 2022}} }} [[File:Abortion access protections in the US by state.svg|thumb|States in which the right to an abortion is protected, either through state law, a state supreme court ruling, or both.<ref name="The New York Times 2022">{{cite web |date=2024-03-25 |title=Abortion rights across the US: we track where laws stand in every state |url=https://www.theguardian.com/us-news/ng-interactive/2023/nov/10/state-abortion-laws-us |access-date=2024-03-23 |website=The Guardian}}</ref> {{legend|#00B22F|Abortion access protected by state law}} {{legend|#0057FF|Abortion access protected by state Constitution}} {{legend|#008597|Abortion access protected via both state law and state Constitution}} {{legend|#dbdbdb|No state level protections}}]] [[File:Map of US minor abortion laws.svg|thumb|Map showing which states require parental involvement (minors). {{legend|#FBABEF|Parental notification or consent not required}} {{legend|#795373|One parent must be informed beforehand}} {{legend|#D3DAFA|Both parents must be informed beforehand}} {{legend|#808DC8|One parent must consent beforehand}} {{legend|#3C4261|Both parents must consent beforehand}} {{legend|#ff0000|One parent must consent and be informed beforehand}} {{legend|#D1D1D1|Parental notification law currently enjoined}} {{legend|#858585|Parental consent law currently enjoined}}]] [[File:Map of US mandatory waiting period laws.svg|thumb|Mandatory waiting period laws in the U.S. {{legend|#f5ffaa|No mandatory waiting period}} {{legend|#5C77EC|Waiting period of less than 24 hours}} {{legend|#C14830|Waiting period of 24 hours or more}} {{legend|#D1D1D1|Waiting period law currently enjoined}}]] [[File:Map of US, pre-abortion counselling law.svg|thumb|Abortion counseling laws in the U.S. {{legend|#CBEEFF|No mandatory counselling}} {{legend|#508FAD|Counselling in person, by phone, mail, and/or other}} {{legend|#1F526A|Counselling in person only}} {{legend|#B3B3B3|Counselling law enjoined}}{{Update inline|reason=Map was most recently updated in December 2007.|date=August 2019}}]] [[File:Map of US mandatory ultrasound laws.svg|thumb|Mandatory ultrasound laws in the U.S. {{legend|#c00;|Mandatory. Must display image.}} {{legend|#722;|Mandatory. Must offer to display image.}} {{legend|#b77;|Mandatory. Law unenforceable.}} {{legend|#ee2;|Not mandatory. If ultrasound is performed, must offer to display image.}} {{legend|#aa5;|Not mandatory. Must offer ultrasound.}} {{legend|#888;|Not mandatory.}}]] Prior to 2022 abortion was legal in all U.S. states, and every state had at least one abortion clinic.<ref>{{cite web|url=https://consult.womenhelp.org/en/using-abortion-pills-for-safe-abortion-usa |title=Using Abortion Pills for Safe Abortion in the USA. Self-Managed Abortion; Safe and Supported (SASS). Women Help Women Consultation |publisher=Consult.womenhelp.org |date=January 12, 2017 |access-date=July 21, 2017}}</ref><ref>{{cite web|author=Politics |url=http://www.businessinsider.com/how-many-abortion-clinics-are-in-america-each-state-2017-2 |title=Here's how many abortion clinics are in each state |website=Business Insider |date=February 10, 2017 |access-date=July 21, 2017}}</ref> Abortion is a controversial political issue, and regular attempts to restrict it occur in most states. Two such cases, originating in [[Texas]] and [[Louisiana]], led to the Supreme Court cases of ''[[Whole Woman's Health v. Hellerstedt]]'' (2016) and ''[[June Medical Services, LLC v. Russo]]'' (2020) in which several Texas and Louisiana restrictions were struck down.<ref>{{cite news|url=https://www.bbc.com/news/world-us-canada-36641063|title=Strict Texas abortion law struck down|date=June 27, 2016|work=BBC News}}</ref><ref>{{Cite news| url=https://www.nytimes.com/2020/06/29/us/supreme-court-abortion-louisiana.html|title=Supreme Court Strikes Down Louisiana Abortion Law, With Roberts the Deciding Vote|first=Adam| last=Liptak|newspaper=The New York Times| date=June 29, 2020}}</ref> The issue of [[minors and abortion]] is regulated at the state level, and 37 states require some parental involvement, either in the form of [[parental consent]] or in the form of parental notification. In certain situations, the parental restrictions can be overridden by a court.<ref>{{cite web| url=https://www.guttmacher.org/state-policy/explore/parental-involvement-minors-abortions|title=Parental Involvement in Minors' Abortions|date=March 1, 2022| website = Guttmacher Institute}}</ref> Mandatory waiting periods, mandatory ultrasounds and scripted counseling are common abortion regulations. Abortion laws are generally stricter in conservative [[Southern United States|Southern states]] than they are in other parts of the country. In 2019, New York passed the [[Reproductive Health Act]] (RHA), which repealed a pre-''Roe'' provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.<ref>{{cite web |url=https://newyork.cbslocal.com/2019/01/22/reproductive-health-act-new-york-legislature-gov-andrew-cuomo-roe-v-wade/ |title=New York Dems Flex Muscles, Pass Reproductive Health Act |publisher=CBSNewYork|date=January 22, 2019}}</ref><ref>{{cite web |url=https://www.huffingtonpost.com/entry/andrew-cuomo-abortion-bill_us_5c480bebe4b0b66936751a47 |title=Andrew Cuomo Signs Abortion Bill Into Law, Codifying Roe v. Wade |last=Russo |first=Amy |date=January 23, 2019 |website=HuffPost|access-date=May 15, 2022}}</ref> [[Abortion in the Northern Mariana Islands]], a United States Commonwealth territory, is illegal.<ref>{{cite news|url=https://www.saipantribune.com/index.php/95c9b96c-1dfb-11e4-aedf-250bc8c9958e/|title=Legal opinion backs abortion|newspaper=Saipan Tribune|date=May 12, 2000|access-date=May 15, 2022}}</ref><ref>{{cite news| url=https://www.saipantribune.com/index.php/95ea6e82-1dfb-11e4-aedf-250bc8c9958e/|title=Lang: Abortion is illegal in CNMI|newspaper=Saipan Tribune|date=May 17, 2000|access-date=May 15, 2022}}</ref><ref>{{cite news| last1=Boyette|first1=Chris|last2=Croft|first2=Jay|date=June 7, 2019| url=https://www.cnn.com/2019/06/07/us/guam-abortion-legal-no-provider/index.html|title=Abortion is legal in Guam. But the closest provider is a long flight away|publisher=CNN|access-date=May 15, 2022}}</ref> Alabama House Republicans passed a law on April 30, 2019, that will criminalize most abortion if it goes into effect.<ref>{{cite web|url=https://www.cnn.com/2019/05/01/politics/alabama-house-abortion-bill/index.html |title=Alabama House passes bill that would make abortion a felony|last=Stracqualursi| first=Veronica| date=May 1, 2019|website=CNN|access-date=May 2, 2019}}</ref> Dubbed the "[[Human Life Protection Act]]", it offers only two exceptions: serious health risk to the mother or a lethal fetal anomaly. Amendments that would have added cases of rape or incest to the list of exceptions were rejected<ref name="challenge">{{cite web|url=https://www.npr.org/2019/05/01/719096129/alabama-lawmakers-move-to-outlaw-abortion-in-challenge-to-roe-v-wade|title=Alabama Lawmakers Move To Outlaw Abortion In Challenge To Roe V. Wade|last=Elliott| first=Debbie|date=May 1, 2019|website=NPR.org|access-date=May 6, 2019}}</ref> It will also make the procedure a [[Class A felony]].<ref>{{cite web|url=https://www.cbsnews.com/news/alabama-abortion-law-ahead-of-abortion-bill-debate-alabama-lieutenant-governor-urges-against-rape-incest-2019-05-13/| title=Ahead of Alabama abortion bill debate, Lieutenant Governor fights against rape and incest exceptions| last=Smith|first=Kate| date=May 13, 2019|website=CBS News|access-date=May 14, 2019}}</ref> Twenty-five male Alabama senators voted to pass the law on May 13.<ref>{{cite web|url=https://www.cbsnews.com/news/alabama-abortion-law-state-criminalized-for-women-every-single-yes-vote-was-cast-by-white-man-2019-05-15/|title=Alabama just criminalized abortions β and every single yes vote was cast by a white man|last=Garrand| first=Danielle| date=May 15, 2019|website=CBS News|access-date=May 15, 2019}}</ref> The next day, Alabama governor [[Kay Ivey]] signed the bill into law, primarily as a symbolic gesture in hopes of challenging ''Roe v. Wade'' in the Supreme Court.<ref>{{cite web| url=https://www.cnn.com/2019/05/15/politics/alabama-governor-signs-bill/index.html|title=Alabama governor signs nation's most restrictive anti-abortion bill into law| last=Kelly| first=Caroline|date=May 15, 2019| website=CNN|access-date=May 15, 2019}}</ref><ref>{{cite web| url=https://www.foxnews.com/us/alabama-has-gone-too-far-with-extreme-abortion-bill-pat-robertson-says| title=Alabama 'has gone too far' with 'extreme' abortion bill, Pat Robertson says|last=Rambaran| first=Vandana| date=May 15, 2019|website=Fox News|access-date=May 15, 2019}}</ref> Since Alabama introduced the first modern anti-abortion legislation in April 2019, five other states have also adopted abortion laws including Mississippi, Kentucky, Ohio, Georgia and most recently Louisiana on May 30, 2019.<ref>{{cite news |title=Louisiana's Democratic governor signs abortion ban into law |url=https://www.nbcnews.com/news/us-news/louisiana-s-democratic-governor-signs-abortion-ban-law-n1012196 |access-date=August 27, 2019 |agency=Associated Press |work=NBC News |date=May 30, 2019}}</ref> In May 2019, the U.S. Supreme Court upheld an Indiana state law that requires fetuses which were aborted be buried or cremated.<ref>{{Cite web | url=https://www.npr.org/2019/05/28/727527860/supreme-court-upholds-indiana-provision-mandating-burial-or-cremation-of-fetal-r |title = Supreme Court Upholds Indiana Provision Mandating Fetal Burial or Cremation|website = [[NPR]]|date = May 28, 2019|last1 = Totenberg|first1 = Nina| last2 = Montanaro|first2 = Domenico}}</ref> In a December 2019 case, the court declined to review a lower court decision which upheld a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients before abortions.<ref>{{Cite news | url=https://thehill.com/regulation/court-battles/473642-supreme-court-declines-to-hear-kentucky-ultrasound-law |title = Supreme Court declines to hear Kentucky ultrasound law| newspaper=The Hill |date = December 9, 2019 | last1=Kruzel | first1=John }}</ref> On June 29, 2020, previous Supreme Court rulings banning abortion restrictions appeared to be upheld when the U.S. Supreme Court struck down the Louisiana anti-abortion law.<ref>{{Cite news| url=https://www.cnn.com/2020/06/29/politics/abortion-louisiana-law-blocked-supreme-court/index.html|title=John Roberts sides with liberals on Supreme Court to block controversial Louisiana abortion law|author=Ariane de Vogue, Devan Cole and Caroline Kelly|website=CNN}}</ref> Following the ruling, the legality of laws restricting abortion in states such as Ohio was then called into question.<ref>{{Cite web| url=https://www.cleveland.com/open/2020/06/supreme-courts-louisiana-abortion-case-could-have-implications-in-ohio-capitol-letter.html|title=Supreme Court's Louisiana abortion case could have implications in Ohio: Capitol Letter|date=June 30, 2020|website=cleveland}}</ref> It was also noted that Supreme Court Chief Justice John Roberts, who agreed that the Louisiana anti-abortion law was unconstitutional, had previously voted to uphold a similar law in Texas which was struck down by the U.S. Supreme Court in 2016.<ref>{{Cite web|url=https://www.texastribune.org/2020/06/29/supreme-court-abortion-louisiana/|title=Supreme Court affirms abortion protections, strikes down Louisiana abortion law| first=Shannon| last=Najmabadi|date=June 29, 2020|website=The Texas Tribune}}</ref> In May 2021, Texas lawmakers passed the [[Texas Heartbeat Act]], banning abortions as soon as cardiac activity can be detected, typically as early as six weeks into pregnancy, and often before women know they are pregnant due to the length of the [[menstrual cycle]] (which usually lasts a median of four weeks and in some cases can be irregular).<ref>{{cite web |last=Waller |first=Allyson |date=2021-09-08 |title=Texas has banned abortions at about six weeks. But the time frame for pregnant patients to get one is less than two. |url=https://www.texastribune.org/2021/09/08/abortion-pregnancy-timeline-texas/ |access-date=May 4, 2022 |website=The Texas Tribune}}</ref> In order to avoid traditional constitutional challenges based on ''Roe v. Wade'', the law provides that any person, with or without any vested interest, may sue anyone that performs or induces an abortion in violation of the statute, as well as anyone who "aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise."<ref>{{cite web|title=Texas Legislature Online β 85(R) Text for SB 8| url=https://capitol.texas.gov/billlookup/text.aspx?LegSess=85R&Bill=SB8|access-date=May 28, 2021| website=Capitol.texas.gov}}</ref> The law was challenged in courts, though had yet to have a full formal hearing as its September 1, 2021, enactment date came due. Plaintiffs sought an order from the U.S. Supreme Court to stop the law from coming into effect, but the Court issued a denial of the order late on September 1, 2021, allowing the law to remain in effect. While unsigned, Chief Justice [[John Roberts]] and Justice [[Stephen Breyer]] wrote dissenting opinions joined by Justices [[Elena Kagan]] and [[Sonia Sotomayor]] that they would have granted an injunction on the law until a proper judicial review.<ref>{{cite web|last=De Vogue| first=Ariane|date=September 1, 2021|title=Texas 6-week abortion ban takes effect after Supreme Court inaction|url=https://edition.cnn.com/2021/09/01/politics/texas-abortion-supreme-court-sb8-roe-wade/index.html| url-status=live|access-date=September 2, 2021|work=[[CNN]]|archive-url=https://web.archive.org/web/20210901050620/https://edition.cnn.com/2021/09/01/politics/texas-abortion-supreme-court-sb8-roe-wade/index.html |archive-date=September 1, 2021 }}</ref><ref>{{cite web | url = https://www.npr.org/2021/09/02/1033048958/supreme-court-upholds-new-texas-abortion-law-for-now | title = Supreme Court Upholds New Texas Abortion Law, For Now | first= Nina | last = Totenberg | date = September 2, 2021 | access-date = September 2, 2021 | work = [[NPR]] }}</ref> On September 9, 2021, [[Merrick Garland]], the Attorney General and head of the [[United States Department of Justice]], sued Texas over the Texas Heartbeat Act on the basis that "the law is invalid under the [[Supremacy Clause]] and the [[Fourteenth Amendment to the United States Constitution]], is preempted by federal law, and violates the doctrine of [[Intergovernmental immunity (United States)|intergovernmental immunity]]".<ref>{{cite web|title=Docket for United States v. State of Texas, 1:21-cv-00796| url=https://www.courtlistener.com/docket/60373449/united-states-v-state-of-texas/|access-date=September 13, 2021| website=CourtListener.com}}</ref> Garland further noted that the United States government has "an obligation to ensure that no state can deprive individuals of their constitutional rights."<ref name="WP-20210909">{{cite news |last1=Barrett |first1=Devlin |last2=Marimow |first2=Ann E. |title=Justice Department sues Texas to block six-week abortion ban |url=https://www.washingtonpost.com/politics/courts_law/texas-abortion-justice-lawsuit/2021/09/09/5d3eae0a-117a-11ec-9cb6-bf9351a25799_story.html |date=September 9, 2021 |newspaper=[[The Washington Post]] |access-date=September 9, 2021 }}</ref> The Complaint avers that Texas enacted the law "in open defiance of the Constitution".<ref name="NPR-20210909">{{cite news |last1=Johnson |first1=Carrie |last2=Sprunt |first2=Barbara |title=Justice Department Sues Texas Over New Abortion Ban |url=https://www.npr.org/2021/09/09/1035467999/justice-department-sues-texas-over-new-abortion-ban |date=September 9, 2021 |work=[[NPR|NPR News]] |access-date=September 9, 2021 }} (includes full text of lawsuit)</ref> The relief requested from the U.S. District Court in Austin, Texas includes a declaration that the Texas Act is unconstitutional, and an injunction against state actors as well as any and all private individuals who may bring a SB 8 action.<ref name="NPR-20210909" /><ref name="WP-20210909"/> The idea of asking a federal court to impose an injunction upon the entire civilian population of a state is unprecedented and has drawn eyebrows.<ref>{{Cite web|author=Tierney Sneed|title=The Justice Department's uphill battle against Texas' abortion ban|url=https://www.cnn.com/2021/09/10/politics/doj-texas-lawsuit-explainer/index.html|access-date=September 13, 2021|website=CNN|date=September 10, 2021 }}</ref><ref>{{Cite news| author=The Editorial Board|date=September 9, 2021|title=Merrick Garland's Texas Two-Step|work=The Wall Street Journal|url=https://www.wsj.com/articles/merrick-garland-texas-two-step-department-of-justice-abortion-law-lawsuit-11631224546|access-date=September 13, 2021|issn=0099-9660}}</ref> Colorado passed into law its Reproductive Health Equity Act in April 2022, which assures abortion rights for all citizens of the state. While the bill as passed maintained the ''status quo'' for abortion rights, it assures that "every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception; a pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state" regardless of changes that may happen at the federal level.<ref>{{cite web | url = https://www.cnn.com/2022/04/04/politics/colorado-abortion-rights-bill-governor-jared-polis-signs/index.html | title = Colorado governor signs bill to protect access to abortion | first = Shanwa | last = Mizelle | date = April 4, 2022 | access-date = April 4, 2022 | work = [[CNN]] }}</ref> On May 25, 2022, [[Oklahoma]] imposed a ban on elective abortions after [[Governor of Oklahoma|Oklahoma Governor]] [[Kevin Stitt]] signed House Bill 4327. The bill bans elective abortion beginning at conception.<ref name="msn.com">{{Cite web |title=Oklahoma governor signs nation's strictest abortion ban |url=https://www.msn.com/en-us/news/politics/oklahoma-governor-signs-nations-strictest-abortion-ban/ar-AAXJzOt |access-date=2022-05-27 |website=MSN |language=en-US}}</ref> The law also permits private citizens to file lawsuits against abortion providers who knowingly provide, perform, or induce elective abortions on a pregnant woman. Abortion in cases of rape, incest, or high-risk pregnancies continue to be permitted.<ref>{{Cite web |last=World |first=Barbara Hoberock Tulsa |title=Bill making abortion illegal starting at conception signed by Oklahoma governor |url=https://www.sfexaminer.com/news/national/bill-making-abortion-illegal-starting-at-conception-signed-by-oklahoma-governor/article_b7f2d6ac-a91d-5bc4-9504-56aa8e5dc969.html |access-date=2022-05-26 |website=San Francisco Examiner |language=en |archive-date=May 27, 2022 |archive-url=https://web.archive.org/web/20220527033153/https://www.sfexaminer.com/news/national/bill-making-abortion-illegal-starting-at-conception-signed-by-oklahoma-governor/article_b7f2d6ac-a91d-5bc4-9504-56aa8e5dc969.html |url-status=dead }}</ref> A lawsuit was immediately filed by the ACLU in opposition to the bill.<ref name="AP May 26, 20223">{{cite news |date=May 26, 2022 |title=Legal challenge filed to stop Oklahoma anti-abortion bill |work=[[ABC News]] |agency=[[Associated Press]] |url=https://abcnews.go.com/US/wireStory/legal-challenge-filed-stop-oklahoma-anti-abortion-bill-84999794 |access-date=26 May 2022}}</ref><ref>{{Cite web |last=Weber |first=Andy |date=2022-05-20 |title=Lawsuit planned over 'extreme,' 'very dangerous' latest abortion ban, ACLU Oklahoma says |url=https://www.koco.com/article/oklahoma-abortion-ban-lawsuit-aclu-capitol-stitt-conception/40063375 |access-date=2022-05-26 |website=KOCO |language=en}}</ref> At the time of enactment, Oklahoma was the only U.S. state to have passed a bill imposing such restrictions; the law made Oklahoma the first U.S. state to ban elective abortion procedures since prior to the ruling and implementation of ''Roe'' in 1973.<ref>{{Cite web |last=Forman |first=Carmen |title=Oklahoma governor signs nation's strictest abortion ban. It starts immediately |url=https://www.usatoday.com/story/news/nation/2022/05/26/oklahoma-implements-nations-most-restrictive-abortion-ban-kevin-stitt-roe/9939966002/ |access-date=2022-05-27 |website=USA TODAY |language=en-US}}</ref><ref>{{Cite news |last=Yahoo! News |first=Yahoo! News |date=May 25, 2022 |title="Oklahoma governor signs into law strictest abortion ban in the U.S" |pages=Full Article |work=Yahoo! News |url=https://news.yahoo.com/oklahoma-governor-puts-strictest-abortion-002417956.html |access-date=May 25, 2022}}</ref><ref name="msn.com"/> After the Supreme Court overturned ''Roe'' on June 24, 2022, Texas and Missouri immediately banned abortions with the exception only if the pregnancy was deemed to be particularly life-threatening.<ref>{{Cite web |last=Vagianos |first=Alanna |date=2022-06-24 |title=Abortion Is Now Illegal In These States |url=https://www.huffpost.com/entry/states-banning-abortion-now_n_62b5cbc9e4b06594c1e36d2a |access-date=2022-06-25 |website=HuffPost |language=en-US}}</ref><ref>{{Cite web |last=Munce |first=Megan |date=2022-06-25 |title=What you need to know about abortion in Texas |url=https://www.texastribune.org/2022/06/24/texas-abortion-law-answers/ |access-date=2022-06-26 |website=The Texas Tribune |language=en}}</ref> On January 28, 2023, the Minnesota state Senate passed a bill guaranteeing women's rights to abortion and other reproductive medicine which was signed into law on January 31. The bill prohibits state and local governments from attempting to restrict access to sterilization or prenatal care, while also requiring contraceptive cost compensation.<ref>{{cite web |last1=Druker |first1=Simon |title=Minn. Senate passes law guaranteeing right to abortion, reproductive care |url=https://www.upi.com/Top_News/US/2023/01/28/minnesota-passes-abortion-rights-guarantee-law/1471674929007/ |website=upi}}</ref><ref>{{cite web |last1=Kashiwagi |first1=Sydney |title=Minnesota governor signs bill codifying 'fundamental right' to abortion into law |url=https://www.cnn.com/2023/01/31/politics/minnesota-abortion-access/index.html |website=CNN |date=January 31, 2023 |access-date=February 24, 2023 |archive-url=https://web.archive.org/web/20230202032236/https://www.cnn.com/2023/01/31/politics/minnesota-abortion-access/index.html |archive-date=February 2, 2023 |url-status=live}}</ref> In 2023, five women launched a class action lawsuit against the State of Texas after they were reportedly denied abortions at a clinic in the State despite grave risks to their life. Four of the women traveled out of state in order to obtain an abortion, while the fifth only received the abortion in Texas when she was hospitalized after the fetus suffered a premature rupture of membranes. The case argues that the Texas law, which allows abortion if there is a health risk to the mother, is too vague and doctors will not perform an abortion for fear of legal repercussions.<ref>{{cite web |last1=Stempel|first1=Jonathan|last2=Pierson|first2=Brendan|title=Five women who say they were denied abortions sue Texas |url=https://www.reuters.com/legal/five-women-who-say-they-were-denied-abortions-sue-texas-new-york-times-2023-03-07/ |website=Reuters|access-date=March 7, 2023}}</ref> Summary: Please note that all contributions to Christianpedia may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here. 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