Discrimination: Supreme Court decision protecting LGBT rights in the workplace sets up the next battle which will be over exemptions in civil rights laws for religious employers
https://www.reuters.com/article/us-usa-court-lgbt-religion-analysis/next-lgbtq-rights-legal-battle-looms-after-supreme-court-victory-idUSKBN23M36O
https://www.npr.org/2020/06/11/875466130/no-knock-warrants-banned-in-louisville-in-law-named-for-breonna-taylor
https://www.cnn.com/2020/06/15/politics/supreme-court-qualified-immunity/index.html 1A Religion: D.C. Mayor gets sued for Black Lives Matter street painting; suit alleges she is promoting an orthodoxy in violation of 1A Establishment Clause https://www.washingtontimes.com/news/2020/jun/11/mayor-bowser-washington-dc-mayor-sued-over-black-l/ 1A: Charleston cannot require tour guides to get a license or jump through educational hoops; city can’t prove any of that protects the public (4th Circuit) https://www.ca4.uscourts.gov/opinions/191044.P.pdf Leftist writer bemoans the fact that Hugh Hewitt stands up for the “undemocratic” Electoral College and two-senators-per-state provision of the Constitution. There’s only one problem: we don’t live in a democracy with its tyranny of the majority, and that’s by design. #ARepublicIfYouCanKeepIt https://www.minnpost.com/eric-black-ink/2020/06/hugh-hewitt-stands-up-for-two-of-the-most-undemocratic-provisions-in-the-constitution/ Shame! “Burn down this f*ing Constitution,” former SNL star says (Constitution news round-up)6/10/2020
Shame! “Burn down this f*ing Constitution,” former SNL star says. Would that be the same Constitution that protects her rights to express her opinion and earn a cushy living through acting?
https://www.breitbart.com/entertainment/2020/06/01/leslie-jones-burn-down-this-fking-constitution/ 1A: city painting ‘Black Lives Matter’ on city street does not require equal time for competing messages, law prof says https://reason.com/2020/06/09/does-citys-painting-of-messages-on-city-streets-require-it-to-give-equal-access-to-other-messages/ Protests put qualified immunity from liability for violating constitutional rights under the microscope - totally made up by judges without any historical basis (Clarence Thomas)? Or needed to protect police from mistakes involving split-second judgments? Eight cases pending at Supreme Court. https://www.theepochtimes.com/george-floyds-death-renews-calls-to-revisit-qualified-immunity-for-police-misconduct_3374335.html + https://www.npr.org/2020/06/08/870165744/supreme-court-weighs-qualified-immunity-for-police-accused-of-misconduct Right to International Travel: Georgia claimant argues it’s unconstitutional to deny passports to people with unpaid taxes https://www.law360.com/articles/1279971/ga-atty-says-passport-denial-over-tax-debt-unconstitutional 2A: Defensive Gun Use Database shows how law-abiding gun owners protect individual rights and public safety https://www.dailysignal.com/2020/05/22/a-counterbalance-to-the-false-narratives-about-gun-ownership/ 4A: unconstitutional for police to conduct a criminal investigation under the guise of getting housing inspector to issue administrative warrant for property code violations (9th Circuit) https://cdn.ca9.uscourts.gov/datastore/opinions/2020/05/27/18-50328.pdf 8A: man who won civil asset forfeiture case at U.S. Supreme Court gets his Land Rover back after 7 years, but state STILL won’t give up; appealing to Indiana Supreme Court for the third time https://reason.com/2020/05/27/indiana-returns-land-rover-seized-7-years-ago-in-landmark-asset-forfeiture-case/ 10A: the Left turns on a dime, LOVES federalism and state sovereignty now that they are being used to keep Trump from undoing state pandemic orders https://www.nysun.com/national/eureka-the-left-discovers-the-tenth-amendment/91144/ Separation of Powers: Department of Labor indefensibly created federal contract office out of thin air; office adjudicates and assesses penalties without congressional delegation of authority https://thefederalist.com/2020/05/28/doj-shouldnt-defend-the-labor-departments-gross-violation-of-the-separation-of-powers/ Supreme Court Puts Stamp of Approval on Pandemic Emergency Orders (Constitution news round-up)6/3/2020
1A Religion: Supreme Court upholds California emergency orders restricting religious worship (Roberts joins the liberals)
https://www.jdsupra.com/legalnews/u-s-supreme-court-upholds-california-s-98263/ 8A: Supreme Court approves federal judge’s order to transfer medically vulnerable Ohio inmates to safer conditions during pandemic https://www.upi.com/Top_News/US/2020/05/26/COVID-19-Supreme-Court-rules-in-favor-of-vulnerable-Ohio-inmates/9021590517455/?ds=3 5A Fundamental Rights: Sixth Circuit to Rehear "Right to Literacy" Case En Banc https://reason.com/2020/05/21/sixth-circuit-votes-to-rehear-right-to-literacy-case-en-banc/ 5A: Third Circuit upholds due process in campus sexual assault cases https://www.nationalreview.com/2020/06/title-ix-regulations-sexual-assault-cases-court-upholds-due-process/ 14A Equal Protection: “Federal Judge Rules Florida Cannot Bar Ex-felons Who Cannot Pay Fines, Fees From Voting” https://www.theepochtimes.com/federal-judge-rules-florida-cannot-bar-ex-felons-who-cannot-pay-fines-fees-from-voting_3363732.html Amendments: Louisiana Senate rejects Convention of States resolution https://www.theadvocate.com/baton_rouge/news/politics/legislature/article_d3e5d822-a3a7-11ea-bd32-27e506f5b84b.html Appointments Clause: Supreme Court upholds federal financial oversight board for Puerto Rico https://whbl.com/news/articles/2020/jun/01/us-supreme-court-upholds-puerto-rico-financial-oversight-board-appointments/1024308/?refer-section=national 14A Fundamental Right: new Oklahoma law allows wrongful death suits against abortionists who fail to disclose risks or check for coercion - ‘undue burden’ on fundamental right to abortion? https://www.lifenews.com/2020/05/27/new-law-allows-lawsuits-against-abortionists-for-the-wrongful-death-of-unborn-babies/ 4A: Louisville suspends ‘no-knock’ warrants; woman killed after unannounced entry https://apnews.com/a67df4764f2acc50dcef7bc32506b719 1A: Supreme Court turns away case trying to apply Janus logic to bar dues; lawyers compelled to support bar association positions they disagree with https://freebeacon.com/courts/supreme-court-turns-down-free-speech-challenge-to-mandatory-bar-dues-membership/?utm_source=actengage&utm_campaign=FreedomMail&utm_medium=email 4th Circuit denies Trump’s motion to dismiss emoluments clause case (Constitution news round-up)5/20/2020
Emoluments: 4th Circuit denies Trump’s motion to dismiss emoluments clause case
https://www.nationalreview.com/bench-memos/divided-en-banc-fourth-circuit-gives-go-ahead-to-emoluments-clause-lawsuit/ Emergency Powers: critics say House Democrat legislation for COVID testing and tracing is unconstitutional https://www.theepochtimes.com/house-bill-on-virus-testing-decried-as-unconstitutional_3349198.html 14A Equal Protection: U.S. citizen children of undocumented parents file class action to challenge exclusion from $2 trillion COVID relief bill https://www.npr.org/2020/05/05/850770390/lawsuit-alleges-cares-act-excludes-u-s-citizen-children-of-undocumented-immigran 4A: Senate kills amendment to keep FBI from obtaining Internet search histories without a warrant https://gizmodo.com/heres-who-just-voted-to-let-the-f-b-i-seize-your-searc-1843445032 Arizona appeals decision knocking down its ballot harvesting law to Supreme Court https://www.dailysignal.com/2020/05/07/supreme-court-eyes-ballot-harvesting-case-that-could-affect-election-integrity-across-nation/ 1A: Supreme Court sidesteps First Amendment challenge to federal statute making it a come to encourage illegal aliens to stay in the country; Court sends case back for further proceedings on the issues raised by the parties, not the issues the lower court wanted to inject into the case https://dailycaller.com/2020/05/08/supreme-court-ruth-bader-ginsburg-encouraging-immigration/ 1A: Minnesota AG Keith Ellison intervenes in lawsuit to defend state harassment statute used to charge woman filming mosque violations https://mailchi.mp/c3b4ae114589/aflc-blasts-minnesota-ag-keith-ellison-in-court-filing?e=09ba59d4ec
1A: ICYMI, student government at Michigan State asks police to investigate anonymous racist comments made during online forum; police decline; FIRE watchdog group sent letter reminding everyone offensive comments are protected by the First Amendment https://www.themorningwatchmsu.com/post/fire-blasts-msu-student-gov-for-attempted-first-amendment-violations 1A: “The Tyranny of the Marginalized - The campaign to curtail speech in order to promote social justice is gathering strength.” https://claremontreviewofbooks.com/the-tyranny-of-the-marginalized/
Free Expression: Libs line up to deplatform Michael Moore over his latest film which exposes renewables and icons of the environmental movement https://www.dailywire.com/news/toto-cancel-culture-comes-for-michael-moore Canadian government decree makes 1,500 firearms illegal; that’s what happens when you don’t have a Second Amendment https://www.breitbart.com/politics/2020/05/02/hawkins-canadas-gun-ban-shows-what-happens-without-a-2nd-amendment/ 5A Eminent Domain: 9th Circuit sticks with ruling that a California regulation requiring agricultural businesses to allow union organizers onto their property is not a taking https://reason.com/2020/04/29/ninth-circuit-refuses-to-reconsider-ruling-that-mandating-union-organizer-access-to-employer-property-is-not-a-taking-but-eight-judges-dissent/ Habeas Corpus: critic flays 6th Circuit decision granting relief to woman convicted of felony murder on her claims of prosecutorial misconduct and ineffective assistance of counsel https://www.nationalreview.com/bench-memos/another-summary-reversal-of-sixth-circuit-coming-soon/ Commerce Clause: Private investigator challenges Utah’s state residency requirement for professional license (only such law in the country) https://www.forbes.com/sites/instituteforjustice/2020/05/04/upholding-a-protectionist-law-in-utah-would-break-the-us-constitution/#573b749b4fdc Book due in October - “A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution” https://www.goodreads.com/book/show/52880168-a-glorious-liberty 1A: Success! Arizona community college apologizes, after activists fire back, for threatening professor who asked test questions highlighting the violent nature of Islam
https://www.christianpost.com/news/college-official-apologizes-after-prof-was-criticized-for-questions-on-islamic-terrorism.html 1A,5A: ‘Occupy’ protesters lose big-time; Second Circuit upholds dismissal of false arrest and other claims arising from 2011 NYC protest https://ij.org/wp-content/uploads/2020/05/19-892_so.pdf 2A: challenge to Florida ban on gun sales to 18-21 year-olds survives motion to dismiss https://reason.com/2020/05/05/18-to-20-year-olds-and-the-second-amendment-challenge-to-florida-law-can-continue/ Amendment: Trump administration files motion to dismiss Dem state attorneys general suit to recognize ratification of the Equal Rights Amendment https://abcnews.go.com/Politics/wireStory/trump-administration-asks-court-toss-lawsuit-era-70583678 1A: “Supreme Court Weighs Whether Parochial Schools Are Exempt From Fair Employment Laws” https://www.npr.org/2020/05/11/849628499/supreme-court-weighs-whether-parochial-schools-are-exempt-from-fair-employment-l 2A: Tenth Circuit preliminarily upholds Trump regulation banning bump stocks as machine guns https://www.ca10.uscourts.gov/opinions/19/19-4036.pdf 4A: Ninth Circuit upholds warrantless search of license plate database against man whose rental car was overdue https://cdn.ca9.uscourts.gov/datastore/opinions/2020/05/04/18-10341.pdf 1A Religion: 6th Circuit prevents Kentucky from enforcing social distancing rules against drive-in church service - “While the law may take periodic naps during a pandemic, we will not let it sleep through one.”
https://www.nationalreview.com/bench-memos/sixth-circuit-injunction-against-kentucky-ban-on-drive-in-religious-services/ 1A Religion: Supreme Court hears arguments on Trump administration rule in Little Sisters of the Poor contraception mandate case; decision expected in the summer https://www.npr.org/2020/05/06/849447923/listen-live-supreme-court-hears-case-on-birth-control-access-and-obamacare 1A Religion: transgender case against Masterpiece cake baker Jack Phillips survives motion to dismiss https://www.washingtonexaminer.com/opinion/transgender-lawsuit-against-masterpiece-cakeshops-jack-phillips-advances Discrimination: U.S. Women’s National Soccer Team loses wage discrimination suit when the facts inconveniently showed they actually got paid MORE than their male counterparts during the time in question https://www.mrctv.org/blog/federal-judge-rules-against-us-womens-soccer-team-wage-discrimination-lawsuit 1A,5A: “Education Secretary Betsy DeVos Issues New Title IX Rules To Protect Free Speech, Due Process for Accused Students” https://reason.com/2020/05/06/betsy-devos-title-ix-due-process-college-sexual-misconduct/ Separation of Powers: Trump administration loses another sanctuary city grants case; the executive cannot place conditions on a grant if Congress did not give authority https://www.dailysignal.com/2020/05/01/trump-loses-sanctuary-city-fight-with-chicago/ 2A: Supreme Court dismisses New York gun rights case as moot; the laws in question restricting the transport of guns were changed
https://www.jdsupra.com/legalnews/supreme-court-decides-new-york-state-70051/ 2A: federal judge temporarily blocks California’s deliberately burdensome ammunition background checks https://www.sacbee.com/news/california/article242248616.html 2A: COVID order puts outrageous Maryland case back in the spotlight - police shoot sleeping man through his window in unprovoked attack; allege he possessed firearms despite juvenile conviction, but can’t produce the case https://www.theamericanconservative.com/articles/duncan-lemps-parents-threatened-with-jail-for-protesting-his-killing/ Emergency Powers - Attorney General William Barr warns states the Constitution is not suspended in times of crisis and not to overreach in their emergency pandemic measures https://www.upi.com/Top_News/US/2020/04/28/Barr-tells-prosecutors-to-watch-for-unlawful-coronavirus-policies/9011588063489/?ls=3 Due Process: Sixth Circuit makes up a ‘constitutional right to literacy’ (i.e., ‘a state-funded education of a certain quality’) https://www.wsj.com/articles/judges-discover-a-constitutional-right-to-literacy-11587935378 14A: 10th Circuit rules Kansas proof-of-citizenship law unduly burdens right to vote https://www.kwch.com/content/news/Appeals-court-Proof-of-citizenship-for-voter-registration-unlawful--570042821.html
https://www.insidehighered.com/quicktakes/2020/04/28/kirkwood-cc-settles-pro-antifa-instructor 14A: 8th Circuit upholds Iowa law requiring certificate of need from proposed new surgery centers but not from existing centers or hospitals https://ecf.ca8.uscourts.gov/opndir/20/04/183403P.pdf Discrimination: Muslim high school teacher in New Jersey was rightly fired for his anti-Semitic views ("Jews are Like a Cancer" and "U.S. Planned, Carried Out 9/11"), personal slurs notwithstanding (3rd Circuit) https://www2.ca3.uscourts.gov/opinarch/192217p.pdf Due Process: Judge starts discrimination trial with a dog-and-pony show about great civil rights leaders in history and ‘bending the moral arc of the universe’; California appellate court reverses, citing lack of an impartial tribunal https://reason.com/2020/04/24/judge-begins-a-gender-discrimination-trial-with-a-presentation-highlighting-the-great-achievements-of-our-nations-civil-rights-leaders/ 21A,Commerce Clause: 6th Circuit upholds Michigan law allowing in-state but not out-of-state alcohol retailers from shipping directly to consumers https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0119p-06.pdf Electoral College: National Popular Vote supporters assume the two-party system would continue unaffected, but NPV would splinter system into numerous special-interest parties https://lawliberty.org/the-national-popular-vote-a-threat-to-electoral-stability/ New book: “Free Speech and Liberal Education: A Plea for Intellectual Diversity and Tolerance” - ranges from cancelled events to academic freedom and beyond; discusses the classical liberal view v. social justice, progressive bullying, and censorship. https://www.cato.org/books/free-speech-liberal-education Yo, Progs! When was your “living, breathing Constitution” ratified? When did We the People consent to living under your silly little subjective standards? Art II, Sec 3: Can a President force Congress to recess? Yes / No
https://www.wsj.com/articles/yes-trump-can-close-congress-11587078119 + https://www.theatlantic.com/ideas/archive/2020/04/flaw-presidents-newest-constitutional-argument/610153/ 6A: Supreme Court requires unanimous jury verdicts for serious offenses in state prosecutions https://news.bloomberglaw.com/white-collar-and-criminal-law/supreme-court-bolsters-unanimous-jury-rule-in-louisiana-case 4A: Michigan judge allows police to arrest and jail anyone suspected of coronavirus; order has blank line to fill in the person’s name. Sure looks like an unconstitutional General Warrant. https://www.wnd.com/2020/04/judge-cops-jail-anyone-suspected-sick-coronavirus/ 1A Religion: New York appeals court rules a father cannot be compelled to conform to Hasidic Jewish norms during visitation with children https://reason.com/2020/04/14/father-cant-be-ordered-to-comply-with-the-cultural-norms-of-hasidic-judaism-during-his-visitation-time-with-children/ 1A Religion: “So help me God” in naturalization oath is not unconstitutional (1st Circuit) http://media.ca1.uscourts.gov/pdf.opinions/18-2085P-01A.pdf 1A Religion: banning atheist group’s display at Texas state capitol showing Founders around a manger containing the Bill of Rights likely unconstitutional (5th Circuit) http://www.ca5.uscourts.gov/opinions/pub/18/18-50610-CV0.pdf 6A: 6th Circuit orders new trial in Michigan murder conviction because witness who said the defendant pawned a ring belonging to the victim died before testimony and cross-examination (Confrontation Clause) https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0108p-06.pdf 1A: Janus does not apply to a private organization funded by taxes and made up of municipal officials; their speech is ‘government speech’ (7th Circuit) http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D04-07/C:19-1349:J:Rovner:aut:T:fnOp:N:2498138:S:0 1A: Mississippi appeals court overturns conviction and 5-year sentence, strikes down underlying statute, in case of Facebook post accusing pastor of sexual misconduct https://reason.com/2020/04/17/five-years-in-prison-for-posting-facebook-videos-accusing-pastor-of-sexual-misconduct/ 1A: two high school seniors expelled and won’t be allowed to graduate for off-campus racially disparaging video using the n-word (yes, this is disgusting, but it is protected speech) https://reason.com/2020/04/18/students-dont-shed-their-freedom-of-speech-at-the-schoolhouse-gate/
Free Expression: police department orders officers to start using preferred transgender pronouns (maybe justifiable on the job, but will discipline follow free expression off the job?) https://dailycaller.com/2020/04/15/norfolk-police-department-transgender-rules-pronouns/ 2A: pandemic-panicked gun-buying libs get angry when encountering their own gun control laws https://www.redstate.com/kiradavis/2020/04/10/815520/ 4A: limited use of automated license-plate readers does not on the facts presented constitute a ‘search’ under the Fourth Amendment https://reason.com/2020/04/22/automated-license-plate-readers-the-mosaic-theory-and-the-fourth-amendment/ “To conclude that the general welfare clause authorizes endless transfers among various groups and individuals is literally to turn the Constitution upside down.” (Richard Epstein) https://ricochet.com/744662/the-problem-with-common-good-constitutionalism/ Shame! Black activist does not believe in the inherent goodness of America - “I am too black for that”. This is an insult to every black who is glad they live in America, the greatest country the world has ever known. (h/t Dennis Prager) https://www.nytimes.com/2020/04/15/opinion/sunday/climate-change-covid-economy.html Kudos! to the 11-year-old boy who plays the Star-Spangled Banner on his trumpet every evening to cheer his neighbors during the pandemic. #InherentGoodness https://www.westernjournal.com/every-day-little-boy-plays-star-spangled-banner-trumpet-give-neighbors-hope-pandemic/ States Must Be Even-Handed Towards Religion in Coronavirus Restrictions (Constitution news round-up)4/15/2020
1A Free Exercise: Federal judge rules Louisville cannot ban Easter drive-in church service
https://www.arkansasonline.com/news/2020/apr/11/judge-sides-kentucky-church-oks-easter-drive-servi/?features-religion
https://www.thegatewaypundit.com/2020/04/ag-barr-issues-statement-mississippi-church-case-government-may-not-impose-special-restrictions-religious-activity/ 1A Religion: HUD contractor seizing Bibles from public housing in defiance of Constitution and HUD rules https://aclj.org/religious-liberty/hud-housing-residents-face-ban-on-religious-materials-and-obama-era-discrimination-against-faith-based-organizations-aclj-taking-action 1A,5A,14A: Pennsylvania Supreme Court rejects takings, due process, equal protection, speech, and assembly rights challenges to state’s COVID-19 restrictions https://news.bloomberglaw.com/us-law-week/pennsylvania-covid-19-rules-survive-constitutional-challenges Trump says Apple/Google contact tracing technology for coronavirus raises “constitutional problems”. Probably not. Contact tracing has been used for many years for many diseases. https://appleinsider.com/articles/20/04/13/trump-says-apple-and-googles-covid-19-contact-tracing-program-is-amazing-but-warns-of-big-constitutional-problems Chinese company claims 95% accuracy in facial recognition software for people wearing masks https://arstechnica.com/tech-policy/2020/03/how-china-built-facial-recognition-for-people-wearing-masks/ Shame! Governor Newsom keeps calling California a ‘nation-state’. Well, then I guess he doesn’t’ need our tax money. https://www.thegatewaypundit.com/2020/04/breaking-california-governor-newsom-continues-describe-california-nation-state-interviews-video/ 10A: Presidents lack the authority to order a national quarantine
https://www.npr.org/2020/04/02/825293201/a-president-is-not-able-to-order-a-national-quarantine-experts-say Supreme Court followed rule against federal courts imposing last-minute changes on elections in refusing to extend period for absentee balloting in Wisconsin https://www.politico.com/news/2020/04/07/liberals-recoil-at-supreme-court-decision-on-wisconsin-primary-171347 4A: Supreme Court OK’s warrantless traffic stops based on expired plates instead of a moving violation https://www.washingtontimes.com/news/2020/apr/6/supreme-court-rules-unwarranted-traffic-stops-are-/ Discrimination: Supreme Court makes it easier for federal workers over 40 to sue for age discrimination, but relief limited if age not the only factor https://www.npr.org/2020/04/06/828052688/supreme-court-hands-federal-worker-partial-win-in-age-discrimination-case 1A Religion: 40 amicus briefs filed in Supreme Court case testing whether Catholic school teachers are barred by the ‘ministerial exception’ from bringing employment discrimination claims against their employers https://www.upi.com/Top_News/US/2020/04/08/Supreme-Court-tackles-whether-teachers-at-religious-schools-are-ministers/2411586270166/?ls=1 1A Religion: Supreme Court turns away Catholic Church challenge to transit system ban on religious advertising https://www.usatoday.com/story/news/politics/2020/04/06/religious-liberty-supreme-court-church-challenge-ad-ban/5067001002/ 1A Viewpoint Discrimination: student group sues Georgia Tech for refusing to reimburse expenses of bringing pro-life Alveda King to speak https://www.lifenews.com/2020/04/02/georgia-tech-faces-lawsuit-after-discriminating-against-mlk-niece-alveda-king-because-shes-pro-life/ 14A Due Process: Part of New York’s new rent control law, applied retroactively, is unconstitutional (New York Court of Appeals) https://reason.com/2020/04/08/jacobson-v-massachusetts-1905-and-lochner-v-new-york-1905-in-april-2020/ 1A,4A: proposed EARN IT Act offends First and Fourth Amendments in several ways https://www.eff.org/deeplinks/2020/03/earn-it-act-violates-constitution Free Expression: Pakistan wants UN to label all organizations critical of Islam as ‘terrorists’ https://www.jihadwatch.org/2020/03/at-un-pakistan-calls-for-labeling-organizations-critical-of-islam-as-terrorists 2A: Pandemic bringing out first-time liberal gun-buyers https://www.newyorker.com/magazine/2020/04/06/choose-your-weapon 4A: Fourth Circuit tells trial court to explore constitutionality of ‘cell-site simulators’ after Baltimore police track down attempted murder suspect with the new technology http://www.ca4.uscourts.gov/opinions/181953.P.pdf “Medicare Is Facially Un-Constitutional” - “giving up essential liberty for an illusion of security” https://www.jpands.org/vol25no1/rosenwasser.pdf |
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