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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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The real Jewish story of Ceuta, Spain’s migrant-magnet neighbor to Morocco

For all of us who don’t know much about geography, international political crises are always welcome. Since the start of Trump 2.0, we have been discovering places we never knew existed, but now present existential threats. From straits — think Hormuz and Bab al-Mandab — to islands — whether Greenland or Heard and McDonald — we now have, along with higher gas and food prices, a better appreciation of our world.

Late last week, yet another obscure part of the globe was suddenly brought, this time without our president’s assistance, to the attention of western media: Ceuta. A city of approximately 83,000 inhabitants, Ceuta is ensconced on a peninsula which, though attached to the Moroccan coastline, is nevertheless under Spanish rule, even while it enjoys a significant amount of autonomy.

As we now know, Ceuta was also the magnet that, starting on July 30, drew about 72,000 young Moroccans who sought, mostly by swimming, to reach its beaches and, from there, perhaps reach Europe. That nearly 100 young men and women drowned in the effort — one that moreover proved naught for those who reached Ceuta as nearly all of them were obliged to return to Morocco — adds a heartrending chapter to the complex history of a city where tragedy has long mixed with comity.

Founded two millennia earlier by the Phoenicians, Ceuta was successively ruled by the Romans, Ottomans, Portuguese and Spaniards. In 1492, when the kingdom expelled its Jewish population, a few thousand crossed the Strait of Gibraltar to Ceuta, where they managed to avoid the bloody reach of the Inquisition. Yet they were not the first Jews to make their home on this tip of North Africa; as early as the 11th century, the Spanish-Jewish poet Abraham Ibn Ezra refers to the Jews of Ceuta in one of his poems. For the next few centuries, the small community lived in relative peace alongside its Christian and Muslim neighbors, a continuation, argues the historian Veronica Viviana Reyes, of the medieval “al-Andalus,” that brilliant and brief moment of cultural convergence between the three “peoples of the Book.”

Come the mid-20th century, the steadily dwindling Jewish community received reinforcements with the arrival of a few hundred Sephardic Jews who left their native Morocco in the wake of its independence from France. Earlier that century, several hundred Indians, mostly Sindhi, who were subjects under the British Raj also arrived in Ceuta, drawn by the city’s busy trading and commercial opportunities. Though the statistics are approximate — Spain does not require citizens to list their religion — about 58% of Ceuta’s population is Christian, 40% is Muslim, and the remaining couple of percentage points comprise its Jewish and Hindi communities. [ As a result, this ancient city attached by a thread of rock and soil to North Africa has accomplished a remarkable feat: the braiding of four distinct faith communities into what the locals call convivencia, or peaceful coexistence.

Yet, as last week’s event revealed, convivencia is a fragile thing. The influx of Moroccan youths on the beaches and streets of Ceuta, though over as quickly as it began, has become the gift that does not stop giving for the extreme-right media and politicians in countries bordering Spain. Marine Le Pen, leader of France’s ethno-nationalist party the National Rally, demanded that the French government “reinforce its border controls.”

Not to be outdone, her second-in-command, Jordan Bardella, warned that these “invaders will soon be on our streets.”  Going a step further, the extreme-right prime minister of Italy, Giorgia Meloni, called for Spain’s suspension from the Schengen Accord—the guarantee of free movement of citizens across the borders of European Union nations — and resurrected immigration controls for Spanish citizens, although Spain does not share a border with Italy. (This geographical fact did not deter Mette Fredricksen, the prime minister of distant Denmark, from voicing her support for Meloni.)

Inevitably, the old chestnut of a Jewish conspiracy has also been resurrected. Public figures, ranging from antisemitic fantasist Candace Owens, through the former director of Human Rights Watch, Kenneth Roth, to the Spanish actor Javier Bardem, have posted or reposted wink-wink, nudge-nudge claims that Israel orchestrated the mad rush of Moroccans towards Ceuta. The reason cited for this nefarious feat is Benjamin Netanyahu’s desire to embarrass the Spanish prime minister, Pedro Sanchez, who has been one of the harshest European critics of the war in Gaza and a proponent of a more liberal immigration policy than his European peers. The Moroccan government’s irritation over Spain’s support of Algerian claims to the western Sahara makes this baseless claim seem more reasonable.

The political and rhetorical theatrics have little to do with reality. Europe is not being overrun by what Marion Maréchal, a politician to the right of her aunt Marine Le Pen, described as a “veritable invasion” by “hordes of young Moroccans.”   Or, for that matter, what her Spanish homologue, Santiago Abascal, the leader of the extreme-right party Vox, insisted was “an act of war” against Spain and, by extension, Europe.

This frenzied response deliberately ignores the fact that not a single Moroccan migrant entered Spain — a strait, after all, runs between Spain and Ceuta — and have nearly all been returned by Spanish soldiers and police to Morocco. Tellingly, residents of Ceuta have also used the word “invasion,” but with greater nuance. As a journalist for Le Monde reported, none of the locals she interviewed described the Moroccans as enemies. Though frightened by the sudden and massive influx, they also understood the migrants were not seeking “to rob them,” but instead to find a better future. Besides, as one Ceutan, Rachel Gomes, observed, she has Muslim in-laws. “This does not make for problems. Four cultures exist here — Hindu, Jewish, Muslim, and Christian — that live together remarkably well.”  If only a similar convivencia reigned among the members of the European Union.

 

The post The real Jewish story of Ceuta, Spain’s migrant-magnet neighbor to Morocco appeared first on The Forward.

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Ad for Republican Colorado governor candidate depicts Jewish opponent with horns

An attack ad on the Jewish Democratic candidate for governor of Colorado has depicted him with red horns, drawing condemnation from the state Democratic party — and the apparent approval of the Republican nominee.

Invoking an ancient antisemitic canard that Jews have horns, the ad, created in support of Republican nominee Victor Marx and circulating on various social media platforms, called the Democratic nominee and Colorado’s current Attorney General Phil Weiser “the next threat to Colorado.”

The Colorado Democratic Party said on Facebook that the graphic was “antisemitic and disgusting” and called on Marx to disavow it.

Instead, Marx engaged with a post on X accompanied by the image, calling on Republicans to stop attacking each other, “unite, stay focused, and win.”

Throughout his campaign, controversy has followed Marx, a minister and author who some have categorized as a Christian fundamentalist. Others have called him a fabulist. On the campaign trail, Marx has claimed to be the first American into Gaza during the war with Israel, boasted about performing exorcisms by phone and said his stepfather forced him to kill a man at the age of 7.

A fellow Republican party member also formally accused him of accepting unlimited campaign contributions through his online merchandise store.

The Marx campaign did not respond to an inquiry by the Forward.

Weiser, who attends a Conservative synagogue in Denver, defeated U.S. Sen. Michael Bennet for the Democratic nomination in July. He also did not respond to an inquiry.

Polls show Weiser with a sizable lead over Marx. The Colorado governor’s seat has been held by a Democrat since 2008, and term-limited incumbent Gov. Jared Polis is also Jewish.

The post Ad for Republican Colorado governor candidate depicts Jewish opponent with horns appeared first on The Forward.

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Suspected arson gutted Montreal’s trendiest kosher restaurant. The city’s Jews say they saw it coming

Howard Szalavetz’s phone buzzed around 3:15 a.m. Saturday, startling him awake. It was news no landlord wants: a retail building he owned was on fire. Nöam, the kosher restaurant that anchors it, was burning.

He threw on a pair of shorts and a t-shirt and hopped into his daughter’s Ford Bronco. The drive was only five minutes, but each one felt like an eternity. Police and fire crews had cordoned off several blocks around Montreal’s Décarie Boulevard, forcing him to abandon the car and run the rest of the way on foot. Eventually, they let him through.

“It was insane,” he recalled in an interview Sunday. “There were 80 firemen.” The building he’s owned since 1987 — home to a car wash, an auto repair garage, and Nöam — was engulfed. The restaurant’s section, a wood-frame extension, “went up pretty quickly.”

By the time the fire was under control around 8 a.m., the restaurant was gutted top to bottom. The car wash and auto repair suffered less damage and plan to reopen this week.

Szalavetz and police were able to pull footage from a security camera mounted to the exterior of the auto repair shop. In it, a figure appears on the restaurant’s wood deck, bends down and lights a fire with what looks like a can of accelerant. The man’s face wasn’t hidden, but the footage was too poor in quality to make out much more.

When nearby shops that were closed over the weekend reopen Monday, investigators hope to gather additional footage. Szalavetz said a camera damaged in the Nöam fire might also contain more information.

Szalavetz’s father survived three concentration camps and lost much of his family in the Holocaust. He died in 2021. “Thankfully he didn’t see this,” Szalavetz said, “because this is how Europe started.”

Fire damage is seen on the inside of Noam, a popular Montreal kosher restaurant, on Aug. 1, 2026.
Fire damage is seen on the inside of Noam, a popular Montreal kosher restaurant, on Aug. 1, 2026. Courtesy of Howard Szalavetz

The Nöam fire is the latest in a rapid drumbeat of attacks on Jewish targets in Canada. Last week, in Toronto, a gunman fired at the windows of one branch of Kiva’s Bagel Bar, a Jewish-owned bakery chain, about an hour after vandals had shattered the glass front of another location. In June, a man smashed a window at Temple Emanu-El-Beth Sholom, a Reform congregation in Montreal, and tried to start a fire inside.

That same month, Canadian Prime Minister Mark Carney acknowledged that two-thirds of all religion-motivated hate crimes in Canada are directed at Jews. “Canada’s civic compact,” he said, “is failing Jewish Canadians.” B’nai Brith Canada recorded 27 violent antisemitic incidents in the first six months of 2026 — nearly triple the count for all of 2025.

Deborah Lipstadt, the noted Holocaust historian and former U.S. special envoy to combat antisemitism during the Biden administration, said the Nöam fire was “utterly predictable.” Carney, she said, “does not have the chutzpah” to stand up and declare, without qualification, that antisemitism has no place in Canada.

“If this is not a wake-up call, I don’t know,” Lipstadt said. “Do more people have to die for it to be a wake-up call? How much more do you need? Spare me your pious sympathies and sincere regrets.”

A vigil and a crowdfunding campaign

By Saturday, Szalavetz said he’d fielded some 150 calls — more, he said, than he gets on his birthday. Montreal is home to an estimated 90,000 Jews, but Szalavetz said it still has the feel of a “shtetl,” and word traveled fast: a vigil drew a crowd outside the burned restaurant Saturday night, and the community plans on launching an online crowdfunding campaign to raise money for the two owners and roughly 30 employees, since insurance can’t cover the full scope of the loss.

Brothers-in-law Meir Azerad and Ynon Cohen opened Nöam in August 2024, transforming what had been little more than a car wash’s waiting room into a polished, sit-down kosher restaurant. They named it for Cohen’s brother, Noam, who had died years earlier and had dreamed of opening a restaurant of his own.

They turned out wood-fired pizzas at 1,000 degrees, two minutes a pie. Expanding the menu to include Mediterranean and Italian, Nöam grew to a following that surprised even its owners, and had a waitlist most weeknights. The partners had just spent a year renovating a second floor to keep up with demand.

Noam opened its doors in August 2024. It burned down in August 2026.
Noam opened its doors in August 2024. It burned down in August 2026. Courtesy of Howard Szalavetz

Among the social media posts circulating Saturday morning was one from Francine Goldberg, a lifelong Montrealer, that quickly went viral. The fire broke out on Shabbat — the one day, she wrote, “we are forbidden to kindle a flame. Somebody kindled it for us.”

Politicians were quick to respond. Anthony Housefather, a Jewish member of Parliament who represents the area, demanded the fire be investigated as a hate crime. Police say they have not yet established a motive.

The Mamdani angle

But for many Montreal Jews, official statements have started to feel beside the point. Goldberg calls them “the typical Hallmark pleasantries: ‘Oh, it’s horrible, and it should never happen.’”

Goldberg, who works at a medical clinic in downtown Montreal, said she’s received more hate mail this year than at any point in her life. She doesn’t think Carney is an antisemite — just a politician counting votes. “There are far more of them than there are of us,” she said. Jews make up approximately 1% of the Canadian population.

Jesse Brown, a Canadian Jewish journalist who has tracked the country’s antisemitism surge since the Oct. 7 Hamas attack in Israel, the deadliest single day for Jews since the Holocaust, sees the same pattern from a different angle.

Canadian Prime Minister Mark Carney speaks at the Economic Club in New York on May 28, 2026. Photo by Angela Weiss/AFP via Getty Images

When Carney announced a new council to combat hate this summer, Brown called it “disingenuous” — the council had already existed for months, under a different name, and included members with histories of anti-Israel advocacy. More pointedly, Brown said, Carney has refused to name the actual cause. “This is happening because of this global movement against Israel,” he said. “Jews in Canada are being targeted in the name of targeting Israel.” Naming antisemitism, he argued, is easy. Naming anti-Zionism as its engine is the part no Canadian politician has been willing to do.

Goldberg sees this dynamic playing out beyond Canada’s borders. In New York, Zohran Mamdani was elected the city’s first Muslim mayor in January and recently to called Israeli Prime Minister Benjamin Netanyahu “a war criminal” and “the architect of a horrific genocide.” His win in the U.S. city with the largest population of Jews has been widely read as evidence that anti-Zionist politics can win elections across the country.

In the months since his election, antisemitic hate crimes in New York have climbed sharply: NYPD data show Jews, roughly 10% of the city’s population, were targets in 55% of all confirmed hate crimes in the first half of 2026, with anti-Jewish incidents up 182% year-over-year in January alone.

Zohran Mamdani, mayor of New York City, on July 7, 2026. Photo by Michael Nagle/Bloomberg via Getty Images

Goldberg sees that rhetoric traveling regardless of the border. “That has a trickle-down effect on Montrealers,” she said. She’s watched a segment of the city’s progressive activists argue that Montreal’s own mayor should “follow Mamdani” and formally declare that Israel is committing genocide in Gaza. Her worry isn’t that Israeli policy is off-limits for criticism — she says she criticizes the Netanyahu government herself — but that mainstreaming anti-Zionism as just another respectable political position is what’s fueling the rise in antisemitism she’s living through.

Goldberg said that people keep telling her to consider moving to Israel. She isn’t interested. “I’m not going anywhere,” she said. “It’s exactly what they would want, so I’m not going to clarify their mission.” That doesn’t mean the fear isn’t real, she added: “It’s very, very dark. It’s dark times for us.”

‘A lot of gaslighting’

Brown pointed to a pattern that predates the fire at Nöam. Last August, an Orthodox man was beaten in a Montreal park in front of his three children; his attacker tore the kippah from his head and threw it to the ground. Quebec prosecutors ultimately determined it wasn’t a hate crime — the attacker was found not criminally responsible due to mental illness.

When pro-Palestinian protesters marched down Toronto’s “hospital row” in February 2024 and mobbed Mount Sinai Hospital, organizers said the hospital hadn’t been targeted; it just happened to be along the route. Brown calls this a recurring dynamic. “There’s a lot of gaslighting that occurs,” he said.

He expects something similar will happen with the Nöam investigation: police have video of the fire being set, but Canadian hate-crime charges require proof of motive that’s notoriously hard to establish. More likely, he said, if the suspect is charged with arson alone “then people who want to deny what is happening will say, well, ‘We have no proof that was antisemitism.’”

There’s already a template for how that skepticism plays out. In December 2024, a man threw a Molotov cocktail into Montreal’s Beth Tikvah synagogue; windows were smashed the same night at a nearby Jewish federation office. The man who pleaded guilty to three of six arson-related charges, Mohamed Ilyes Akodad, testified this summer that he’d been paid $15,000 through an anonymous contact on Signal to firebomb two buildings and torch a car, and that he didn’t know one of them was a synagogue. Prosecutors are seeking a two-year sentence; his lawyer is asking for a suspended sentence and home confinement. A judge is expected to rule Sept. 10.

Police investigate the site of North York’s Temple Emanu-El after it was shot at late on a Monday night, Toronto, Mar. 3, 2026. Photo by Nick Lachance/Toronto Star via Getty Images

Rabbi Lisa Grushcow of Montreal’s Temple Emanu-El-Beth Sholom, which experienced its own firebomb attack this June, has seen the pattern up close. “At this point, none of it feels surprising,” she said, “and that in itself is quite sobering.” Protective coatings on the synagogue’s windows kept the firebomb from getting through, and police apprehended the suspect that night. It could have been far worse, she said, “but we can’t just say ‘This is not who we are,’ because clearly this is who our society is right now.”

Still, she pointed to what happened the day after her synagogue was attacked: so many families showed up for a scheduled service that the congregation had to run two instead of one. She saw the same instinct play out in Toronto, where customers lined up outside Kiva’s Bagel the morning after the shootings there. “It shouldn’t take resilience to live as a Jew,” she said. But if the choice is between resilience and retreat, her community has made its decision: “We’re not going to give up or move away.”

Lipstadt’s message to Jews was also one of resilience, not despair. Asked whether Canadian Jews should consider leaving the country, she declined to answer directly. “That’s not my place,” she said. But she was unequivocal that Jews would endure. “We have survived worse,” she said. What worries her isn’t whether Jews will survive — it’s whether the societies around them will. “Will democratic society, writ very large, be okay?” she said. “I’m not so sure.”

Nöam’s owners Azerad and Cohen have said little publicly since the fire. Szalavetz described them as “very camera shy,” agreeing only reluctantly to a brief interview with a local reporter after Szalavetz pushed them to speak. “The world needs to know,” he told them. For now, what’s certain is the plan: rebuild in the same spot and reopen “bigger, better, newer” than before, said Szalavetz. He estimates that could take six months to a year. In the meantime, he said, he’s working on finding them a temporary home so the restaurant can remain open.

“Coming back is the goal,” Szalavetz said. “It’s my goal as a proud Jew. You’re not going to take us down.”

The post Suspected arson gutted Montreal’s trendiest kosher restaurant. The city’s Jews say they saw it coming appeared first on The Forward.

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