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Edith Jones
Edith Jones
Edith Jones
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Edith Hollan Jones (born April 7, 1949) is a United States circuit judge and the former chief judge of the United States Court of Appeals for the Fifth Circuit.

Key Information

Jones was nominated by President Ronald Reagan on February 27, 1985, to a new seat created by 98 Stat. 333. She was confirmed by the United States Senate on April 3, 1985, and received commission on April 4, 1985. Jones served as chief judge of the Fifth Circuit from 2006 to 2012.

Education and career

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Born in Philadelphia, Pennsylvania, Jones graduated from Cornell University with a Bachelor of Arts in economics in 1971. She received her Juris Doctor from University of Texas School of Law in 1974, where she was a member of the Texas Law Review. She was in private practice in Houston, Texas, from 1974 until 1985, working for the firm of Andrews, Kurth, Campbell & Jones, where she became the firm's first female partner. She specialized in bankruptcy law. She also served as general counsel for the Republican Party of Texas from 1982 to 1983.[1]

Federal judicial service

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Jones was nominated by President Ronald Reagan on February 27, 1985, to the United States Court of Appeals for the Fifth Circuit, to a new seat authorized by 98 Stat. 333.[2][3] She was confirmed by the United States Senate on April 3, 1985, and received commission on April 4, 1985, at the age of 35.[1] She served as chief judge from January 16, 2006, to October 1, 2012, succeeding Carolyn Dineen King.[4]

Other service

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She sits on the board of directors of the Boy Scouts of America and the Garland Walker American Inns of Court.

In 2010, Jones visited Iraq as part of the U.S. State Department's Rule of Law program, where she advised and encouraged Iraqi and Kurdish judges.[5]

Supreme Court consideration

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Jones has been mentioned frequently as being on the list of potential nominees to the Supreme Court of the United States. A 1990 report from The New York Times cited her as George H. W. Bush's second choice for the Supreme Court vacancy filled by Justice David Souter.[6] The Chicago Sun-Times and several other newspapers reported on July 1, 2005, that she had also been considered for nomination to the Supreme Court during the presidency of George W. Bush.

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In her opinions, she has questioned the legal reasoning which legalized abortion, advocated streamlining death penalty cases, invalidated a federal ban on possession of machine guns and advocated toughening bankruptcy laws. In 2006, Jones found that a death row inmate who had filed a pro se motion to drop his appeal while his attorney was abroad could not later reinstate his appeal.[7]

In June 2017, Jones dissented when the court found that a university did not violate the Due Process Clause or Title IX when it expelled a student for committing a campus sexual assault and his girlfriend, who had recorded the assault and shared the video on social media.[8][9] In May 2018, Jones wrote for the court when it found that Texas Senate Bill 4, which prohibits local governments or public employees from "endorsing" sanctuary city policies, did not violate the First Amendment.[10][11]

McCorvey v. Hill

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Jones attracted attention for her opinion in the case of McCorvey v. Hill (2004), which was a request by Norma McCorvey – the 'Jane Roe' of Roe v. Wade – to vacate the finding of that case. Jones joined the Fifth Circuit in rejecting the petition on procedural grounds, but she took the unusual step of handing down a six-page concurrence to the judgment of the court.

The concurrence credited the evidence presented by McCorvey and sharply criticized the Supreme Court's rulings in Roe and in a less famous case that was decided simultaneously, Doe v. Bolton. She quoted Justice Byron White's dissent in the latter that described the Supreme Court's decision as an "exercise of raw judicial power".[12] She concluded: "That the court's constitutional decision making leaves our nation in a position of willful blindness to evolving knowledge should trouble any dispassionate observer not only about the abortion decisions, but about a number of other areas in which the court unhesitatingly steps into the realm of social policy under the guise of constitutional adjudication."[13]

Adams v. All Coast

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Jones dissented when the 5th Circuit denied en banc in a case regarding what constitutes a 'seaman'. The majority ruled that liftboat workers are not exempt from overtime pay, and Jones accused the majority of flouting Encino Motorcars v. Navarro.[14]

Controversy

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In 2011, Jones yelled at her colleague James L. Dennis during an oral argument, telling him to "shut up." She later apologized for her "inappropriate language" and stated that Dennis accepted her apology.[15]

A group of civil rights organizations and legal ethicists filed a complaint of misconduct against Jones on June 4, 2013, after she had allegedly said that "racial groups like African-Americans and Hispanics are predisposed to crime" and are "prone to commit acts of violence" that are more "heinous" than members of other ethnic groups.[16][17] According to the complaint, Jones also stated that a death sentence is a service to defendants because it allows them to make peace with God and that she "referred to her personal religious views as justification for the death penalty."[18] Jones allegedly made the remarks during a speech to the University of Pennsylvania Federalist Society. However, the speech was not recorded, and the ethics complaint was based solely on affidavits from audience members.[19]

In part because Jones had recently served as the chief judge of the Fifth Circuit, Chief Justice of the Supreme Court John Roberts, in his administrative capacity, transferred the complaints to the judicial ethics panel of the United States Court of Appeals for the District of Columbia Circuit.[20]

On August 12, 2014, the judicial ethics panel of the District of Columbia Circuit dismissed the complaint by citing lack of evidence to justify disciplining Jones. The complainants appealed to the Judicial Conference of the United States,[21][22] which affirmed the ruling of the judicial ethics panel in February 2015.[23]

In August 2023, Jones wrote a letter published in The Wall Street Journal criticizing a complaint brought by the chief judge of the United States Court of Appeals for the Federal Circuit against fellow circuit judge Pauline Newman. Jones stated that the refusal of the circuit to transfer the case to another circuit for review, and to instead to have the same judges act as "prosecutors, judges, jurors and witnesses", as "inexplicable".[24][25]

In 2024, Jones described criticism of court-shopping (the practice of selectively filing cases in jurisdictions where favorable rulings are expected) as "attacks on the judiciary" and "ultimately attacks on the rule of law." Several Texas trial courts within the Fifth Circuit, for which Jones was formerly chief judge, have been widely described as rife with court-shopping, as conservative litigants file cases in select courts where Republican-appointed judges give favorable rulings.[26]

See also

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References

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Revisions and contributorsEdit on WikipediaRead on Wikipedia

Edith Jones

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Edith Hollan Jones (born 1949) is an American jurist and circuit judge of the Court of Appeals for the Fifth Circuit, to which she was appointed by President and confirmed by the in 1985. A graduate of with a B.A. in economics (1971) and the University of Texas School of Law with a J.D. (1974), Jones entered private practice in Houston, Texas, where she became the first female partner at the firm Andrews, Kurth, Campbell & Jones, specializing in litigation and matters. She served as chief judge of the Fifth Circuit from 2006 to 2012 and as a member of the Judicial Conference of the during that period, overseeing a court that handles appeals from , , and in diverse areas including , civil rights, and . Jones has authored over a thousand opinions and is noted for her originalist approach, emphasizing textual fidelity to the and statutes over evolving social norms, which has influenced conservative on issues like , , and the death penalty. In 2013, she faced a judicial misconduct complaint from left-leaning advocacy groups over remarks in a speech citing empirical studies on genetic, cultural, and self-inflicted factors in crime and recidivism disparities across racial groups; the Fifth Circuit's Judicial Council dismissed the complaint, finding no ethical violation or basis for discipline. Her tenure reflects a broader pattern of resistance to what she has described as the Supreme Court's contributions to social decay through decisions undermining personal responsibility and traditional moral frameworks in and .

Early Life and Education

Family Background and Upbringing

Edith Hollan Jones was born on April 7, 1949, in Philadelphia, . Her mother hailed from and had studied nursing at , while her father originated from modest circumstances as a in before graduating from Yale and pursuing a career in medicine. Jones has described her parents as high achievers who rose from humble beginnings through determination and education. The family relocated to early in Jones's life, where she spent her formative years in during the and . This environment shaped her upbringing in a stable, achievement-oriented household that emphasized academic and professional success. Jones attended in , graduating fourth in her class in 1967 and earning recognition as a National Merit Scholar. Her early academic excellence reflected the values instilled by her parents, foreshadowing her later accomplishments in and the .

Academic and Professional Training

Jones graduated fourth in her class from in , , in 1967, and was recognized as a National Merit Scholar. She earned a B.A. in from in 1971, graduating with honors. Jones then attended the University of Texas School of Law, where she served on the Texas Law Review and received her J.D. in 1974. Upon graduation, she was admitted to the on October 22, 1974, marking the completion of her formal professional training before entering legal practice.

Private Practice Achievements

Edith H. Jones entered private practice in Houston, Texas, immediately following her law clerkship, joining the firm Andrews, Kurth, Campbell & Jones (later known as Andrews & Kurth LLP) in 1974. Her practice focused primarily on bankruptcy law and commercial litigation, areas in which she developed expertise over the subsequent decade. A notable milestone came in the early when Jones became the firm's first female partner, achieving this promotion while on maternity leave following the birth of her second child—a rare accomplishment for women in large law firms at the time, reflecting her professional competence and productivity. During her tenure, she handled complex matters, contributing to the firm's reputation in energy and corporate restructuring cases amid Houston's oil-driven economy. In addition to her partnership role, Jones served concurrently as to the Republican Party from 1982 to 1983, advising on legal matters during a period of party reorganization and electoral strategy. She continued in private practice until her nomination to the federal bench in 1985, having established a track record that positioned her as a leading practitioner in proceedings.

Expertise in Bankruptcy and Litigation

Jones joined the Houston office of Andrews & Kurth (now ) in 1974 upon graduating from , where she practiced commercial and litigation. Her work encompassed complex proceedings and related disputes, areas in which she developed significant expertise during her tenure as an associate and eventual partner. By 1979, Jones had become the firm's first female partner, a milestone reflecting her rapid ascent and contributions to high-stakes and litigation matters. As a partner until her departure for the federal bench in 1985, Jones handled various types of litigation intertwined with law, including creditor rights and insolvency issues central to commercial practice in . Her specialization positioned her as a leading authority on , with contemporaries noting her leadership in the field amid the era's evolving on debtor-creditor relations. This pre-judicial experience informed her subsequent judicial oversight of appeals, though specific private-practice cases remain less documented in public records compared to her later opinions.

Appointment to the Federal Bench

Nomination and Confirmation Process

President nominated Edith Hollan Jones to the United States Court of Appeals for the Fifth Circuit on February 27, 1985, to fill a new seat authorized by 98 Stat. 333. An initial to the Fifth Circuit on , 1984, had not advanced to a vote. The Senate Judiciary Committee reported her nomination favorably, and the full Senate confirmed Jones on April 3, 1985, by . She received her judicial commission the next day, April 4, 1985. The confirmation process was expedited, spanning less than six weeks from the effective date, reflecting the relatively nonpartisan nature of judicial confirmations in the mid-1980s prior to heightened ideological scrutiny in later decades. No significant opposition or public controversies were recorded during her vetting.

Initial Tenure and Circuit Role

Edith Jones received her commission as a Circuit for the Fifth Circuit on April 4, 1985, immediately following confirmation the prior day, marking the start of her federal judicial service. She assumed active duties on the court shortly thereafter, joining a bench responsible for appellate review of federal district court decisions originating from , , and . These jurisdictions encompassed a high volume of cases involving civil rights, , commercial disputes, and matters, areas aligning with Jones's pre-judicial expertise in litigation and insolvency law from her time as the first female partner at the firm Andrews, Kurth, Campbell & Jones. In her initial circuit role, Jones participated in three-judge panels that conducted oral arguments, reviewed briefs, and issued precedential opinions binding on lower courts within the circuit. Drawing on her practical experience, she frequently addressed complex appeals and commercial litigation, applying principles of to resolve disputes over rights, obligations, and contractual interpretations. Her early tenure involved a demanding caseload reflective of the Fifth Circuit's reputation for handling significant , maritime, and immigration-related appeals from the Gulf region, contributing to the court's output of hundreds of decisions annually during the mid-1980s. Jones's approach from the outset emphasized fidelity to enacted over policy-driven expansions of judicial , as evidenced in her handling of cases requiring precise application of federal statutes and precedents, though detailed records of her very first opinions underscore a consistent focus on textual analysis in commercial and procedural contexts. This period laid the foundation for her longer-term influence on the circuit, without immediate administrative leadership roles, as she focused on substantive amid the court's collegial panel system.

Judicial Tenure and Administrative Contributions

Leadership in the Fifth Circuit

Edith Jones served as Chief Judge of the United States Court of Appeals for the Fifth Circuit from 2006 to 2012. In this position, she oversaw the court's administrative operations, including the management of its docket, which encompassed appeals from federal district courts across , , and , and presided over sessions involving the full court. As Chief Judge, Jones was responsible for assigning cases to panels of three judges, ensuring efficient case processing amid the circuit's substantial caseload, and representing the court in inter-circuit matters. Her tenure aligned with a period of steady appellate volume, reflecting the circuit's over diverse legal issues such as , , and federal habeas petitions. Jones's leadership emphasized and fidelity to statutory text, consistent with her broader , though specific administrative initiatives during her term, such as docket management reforms, are not prominently documented in official records. Concurrently, her role facilitated coordination with the Judicial Conference of the United States, where she served as a member from 2006 to 2012, influencing federal judiciary policies that indirectly supported circuit-level operations.

Service on Judicial Conferences and Commissions

Jones served as the representative from the Court of Appeals for the Fifth Circuit on the Judicial Conference of the from 2006 to 2012, coinciding with her tenure as chief judge of that circuit. The Judicial Conference, established by in , functions as the federal judiciary's primary policymaking entity, overseeing administrative matters, procedural rules, judicial resources, and court operations across the . In this capacity, Jones participated in biannual meetings chaired by the Chief Justice of the , contributing to decisions on topics including case management, technology integration in courts, and responses to caseload increases. In addition to her Judicial Conference membership, Jones served on the Advisory Committee on Bankruptcy Rules, a subcommittee under the Conference's Committee on Rules of Practice and Procedure. This role involved reviewing and proposing amendments to the Federal Rules of Bankruptcy Procedure to ensure clarity, efficiency, and alignment with statutory changes in bankruptcy law. Her expertise in commercial and bankruptcy matters, developed through prior private practice and judicial rulings, informed contributions to rules addressing debtor-creditor relations, plan confirmations, and appellate procedures in bankruptcy cases. Jones also held a position on the National Bankruptcy Review Commission, appointed to serve from 1995 to 1997. Established by the Bankruptcy Reform Act of 1994 (Pub. L. 103–394), the commission was tasked with conducting a comprehensive evaluation of Title 11 of the and submitting recommendations to by October 1997 on reforms to address perceived abuses in consumer and business bankruptcies. The bipartisan panel, comprising seven members including judges, academics, and practitioners, produced a detailed report advocating measures such as means-testing for filers and limitations on serial filings, elements that shaped debates leading to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Core Principles of Originalism and Restraint

Edith Jones's judicial philosophy centers on , which she defines as faithfully upholding the Constitution's original meaning as understood by its ratifiers, coupled with in . Appointed during the Reagan administration, she has credited Edwin Meese's advocacy for these approaches with countering a century of progressive-era interpretive deviations that prioritized policy outcomes over text and history. In her view, provides objective tools for resolving disputes, drawing on historical context, debates, and traditional legal reasoning to ensure decisions remain principled rather than subjective. Jones argues that abandoning for evolving or indeterminate standards risks transforming the into a body of policymakers, eroding the and the . She endorses a "fixed, uniform permanent construction" of the , echoing Justice Joseph Story's insistence that interpretation should transcend transient passions or partisan shifts. This commitment manifests in her opinions, such as her 2013 concurrence in a Second Amendment case, where she faulted a panel for superficially invoking District of Columbia v. Heller's originalist framework without rigorously applying its historical methodology to assess firearm regulations at the founding. Complementing , Jones champions , asserting that federal judges lack a mandate to engineer results in specific case categories and must defer to elected branches on policy matters. She criticizes rulings that gesture toward originalist principles only to pivot to rationales, as these foster over predictability and undermine public confidence in neutral adjudication. Over her nearly four-decade tenure on the Fifth Circuit, this restraint-oriented approach has informed her skepticism of judicial overreach, prioritizing textual fidelity to preserve constitutional structure against activist tendencies.

Rulings on Criminal Justice and Capital Punishment

Edith Jones has authored or participated in numerous Fifth Circuit opinions upholding capital sentences and denying relief under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which mandates deference to state court determinations unless they are contrary to clearly established federal law. In Sparks v. Davis (2018), Jones wrote for the panel affirming the denial of habeas relief for Robert Sparks, convicted in state court of for killing a peace officer during a ; she rejected claims of and suppressed evidence, citing procedural defaults and failure to meet standards. Similarly, in Thorson v. Epps (2012), she authored the opinion denying relief to a death row inmate challenging his conviction for the and of a 12-year-old girl, finding no merit in jury instruction or evidentiary claims after AEDPA review. In capital appeals, Jones has emphasized procedural rigor and criticized tactics delaying execution, as in her special concurrence in a 2019 order regarding Sparks, where she described a successive habeas as "manufactured" to evade execution warrants, urging stricter enforcement of filing deadlines to honor victims' interests. Her opinions consistently reject novel constitutional challenges to the death penalty, such as in Joubert v. Director (2024), where she denied a certificate of appealability for a inmate's claims of and ineffective counsel in a conviction involving an attempted and killing. Jones has also joined panels upholding federal death sentences, reinforcing statutory frameworks for aggravating factors in penalty phases. Beyond capital cases, Jones's rulings reflect a commitment to sentencing uniformity and limited federal overrides of state judgments. In Harris v. Johnson (1993), she wrote denying habeas relief to a Texas inmate serving life for murder, ruling that successive petitions on grounds were abuse of the under pre-AEDPA standards. She has upheld enhancements under the Sentencing Guidelines for offenders and possession, as in United States v. Raetzsch (1984), where the panel affirmed a and sentence for involving explosives, rejecting challenges to evidence and . These decisions prioritize factual records from trial courts and deter relitigation of meritless claims, aligning with congressional intent to expedite criminal appeals while preserving .

Opinions on Abortion and Bioethics

Judge Edith H. Jones has expressed views supportive of state-level restrictions on , emphasizing , potential harms to women, and the moral weight of fetal life in her judicial opinions. In cases involving regulations, she has authored or joined decisions upholding requirements for ultrasounds, waiting periods, and clinic standards, arguing that such measures advance legitimate state interests without unduly burdening access under prevailing precedents like Planned Parenthood v. Casey. In Texas Medical Providers Performing Abortion Services v. Lakey (2012), Jones wrote the Fifth Circuit opinion vacating a district court's preliminary against 's sonogram law, which mandates that physicians performing display a sonogram image of the , make its heartbeat audible if detectable, and provide a verbal summary of the image to the woman at least 24 hours prior to the procedure. She reasoned that the law regulates professional medical conduct rather than suppressing speech, serving the state's interest in promoting by ensuring women receive accurate information about the 's development before deciding on . Jones rejected First Amendment challenges, noting that physicians' verbal disclosures are factual and non-misleading, and that exemptions for cases of fetal anomaly or maternal preserve constitutionality. Jones's concurrence in McCorvey v. Hill (2004), involving Norma McCorvey's (the "Jane " plaintiff) attempt to vacate the judgment in , further illustrates her skepticism toward expansive rights. While agreeing with the majority that the motion was moot due to superseded laws prohibiting most abortions, Jones separately criticized as an "exercise of raw judicial power" echoing Justice Byron White's dissent, and contended that re-examination of the case's factual underpinnings—such as unsubstantiated claims of health risks from carrying pregnancies to term—might reveal abortion's own documented harms. She cited emerging empirical studies indicating that abortion correlates with increased risks of , premature birth in subsequent pregnancies, and , including "post-abortion syndrome," arguing that these effects undermine Roe's balancing of interests and that states possess a compelling interest in protecting women from such outcomes. In broader bioethics contexts intersecting with , Jones has advocated for states' authority to exclude abortion providers from public funding programs. Her 2019 concurrence in a Fifth Circuit decision upholding Texas's exclusion of from reimbursement urged rehearing or review of precedents permitting abortion clinics to sue as third-party representatives of patients, asserting that such rulings improperly constrain states' fiscal and moral choices regarding organizations that facilitate elective abortions. She has also dissented in cases involving efforts to secure abortions for undocumented minors in federal custody, contending that government actors and sponsors prioritizing over alternatives like undermine foster care providers' rights and the state's role in protecting vulnerable life. These opinions reflect Jones's originalist approach, deferring to democratic processes on contentious bioethical questions while scrutinizing judicial overreach in areas like policy, where she has highlighted of physical and emotional consequences as countering narratives of unqualified benefit.

Decisions in Commercial and Law

In the realm of bankruptcy , Edith Jones has emphasized textual fidelity to the Bankruptcy Code and doctrines curbing debtor manipulations. In ASARCO, L.L.C. v. , L.L.P. (2014), Jones joined a panel affirming a bankruptcy court's award of over $113 million in fees to debtor's counsel under 11 U.S.C. § 330(a)(1), including compensation for time spent defending the fee application against the debtor's objections following a successful fraudulent conveyance recovery. The panel reasoned that fee-defense work constituted services benefiting the estate, as it preserved approved compensation essential to counsel's incentives. The Supreme Court reversed this holding in 2015, clarifying that § 330 authorizes fees only for services producing an affirmative benefit to the estate, not for adversarial fee litigation. Jones has also applied judicial to address nondisclosure of assets in schedules. In a 2011 panel opinion later taken , she authored the ruling estopping both the and the from pursuing an undisclosed claim, arguing that allowing trustee pursuit would undermine the integrity of the process and reward the 's "." The court reversed, limiting estoppel to the and permitting trustee recovery for the estate, though Jones' view highlighted circuits' varying approaches to trustee privity. In In re Thomas (2013), Jones upheld the strict Brunner test for discharging student loans, rejecting a shift to a broader totality-of-circumstances absent Congressional , and stressed that undue hardship requires more than temporary financial strain. In disputes, Jones has scrutinized state regulations under the First Amendment's commercial speech protections while deferring to rational bases for professional restrictions. In Byrum v. Landreth (2009), as chief judge, she authored the opinion upholding ' interior design titling against challenges by unregistered practitioners, determining that restrictions on using "interior designer" titles constituted valid time-place-manner regulations rather than impermissible suppression of truthful , given the state's interest in preventing by unqualified individuals. The decision applied under Central Hudson, finding the law narrowly tailored to protect public safety without unduly burdening commercial expression. Her rulings reflect a consistent restraint against judicial expansion of Code ambiguities or constitutional protections beyond statutory bounds, influencing Fifth Circuit precedents in creditor-debtor balances and business .

Critiques of Administrative Overreach

Judge Edith Jones has articulated critiques of administrative overreach primarily through her judicial opinions and public lectures, emphasizing that unelected agencies often exceed statutory authority, erode , and impose policy-driven interpretations under the guise of expertise. In her 2018 lecture "The and ," Jones argued that the administrative state's growth allows executive branch officials to function as legislators, prosecutors, and judges without accountability to voters or , contravening constitutional structure. She highlighted how agencies' frequent policy reversals with changing administrations—such as in securities —undermine claims of apolitical expertise, as observed in challenges to SEC rules where commission composition shifts led to inconsistent "expert" views across three administrations. A prominent example appears in of the v. U.S. Department of Labor (885 F.3d 360, 5th Cir. 2018), where Jones authored the vacating the DOL's 2016 fiduciary rule expanding the definition of "" under the Employee Retirement Income Security Act (ERISA). She held the rule arbitrary and capricious, as it deviated from ERISA's text and purpose by imposing novel duties on advice providers without clear congressional delegation, including seven specific conflicts with statutory limits on agency power. Jones rejected Chevron deference, reasoning that the DOL's interpretation was unreasonable because it ignored common-law precedents defining fiduciary status and prioritized regulatory expansion over ERISA's aim to protect savings markets. This decision underscored her view that agencies cannot rewrite statutes to advance policy goals, such as broadening fiduciary liability to reshape financial advice. In Career Colleges and Schools of Texas v. U.S. Department of Education (No. 23-50491, 5th Cir. 2024), Jones wrote the opinion granting a stay of the Biden administration's 2022 borrower defense rule, which revised Higher Education Act provisions to ease discharges for alleged institutional misconduct. She criticized the rule as an overreach that created "group pleading" liability for schools based on unsubstantiated claims, imposing massive potential costs without and conflicting with statutory requirements for individualized defenses. In a footnote, Jones accused the Department of attempting to "sidestep, to the greatest extent possible," the Supreme Court's (597 U.S. 215, 2023) ruling limiting broad debt relief, illustrating administrative evasion of judicial limits on executive power. Jones has extended these concerns to separation-of-powers cases, such as her partial concurrence and dissent in Consumers' Research v. Consumer Product Safety Commission (No. 22-40328, 5th Cir. 2024), where she faulted the majority for insufficiently addressing the administrative state's insulation from presidential removal powers under Humphrey's Executor v. United States (295 U.S. 602, 1935), arguing it perpetuates unaccountable agency fiefdoms. In environmental disputes, like Sierra Club v. McCarthy (No. 16-60090, 5th Cir. 2017), she prioritized statutory interpretation over agency deference, rejecting EPA claims of discretion under the Clean Air Act as unsupported by text. These rulings reflect Jones' broader insistence that courts must vigilantly check agency actions to preserve legislative primacy and constitutional accountability.

Supreme Court Candidacy

Nominations Under Reagan and Bush

In 1987, following the Senate's rejection of Robert Bork's nomination and the withdrawal of Douglas Ginsburg amid controversy over his past marijuana use, President considered Edith Jones among other candidates for the Supreme Court vacancy created by Justice Lewis Powell's retirement. Senator advocated for her selection, citing her judicial experience on the Fifth Circuit and potential to add another to the . However, concerns over her relative youth—she had been on the federal bench for only two years—and the political risks of another contentious confirmation battle led Reagan to nominate instead on , 1987. Jones's conservative , including her originalist approach to constitutional interpretation, positioned her as a ideological successor to Bork but ultimately did not advance her to formal nomination. Under President , Jones emerged as a leading contender for the Supreme Court vacancy following Justice William Brennan's retirement. Bush's vetting process narrowed the field to Jones and , with Jones undergoing a personal interview at the . Her extensive record on the Fifth Circuit, handling cases in , civil rights, and , underscored her qualifications, yet Bush opted for Souter on July 1, , reportedly to avoid the anticipated "horrendous fight" over Jones's perceived conservatism, which included strong stances against expansive federal regulatory power and in favor of . Critics within conservative circles later attributed the decision to Bush's advisors prioritizing confirmability over ideological alignment, viewing Jones's unyielding as a liability in a Democrat-controlled . Despite non-selection, her consideration highlighted her prominence among Reagan-era judicial appointees as a potential long-term Court member.

Evaluation of Qualifications and Non-Selection

Edith Jones demonstrated strong qualifications for elevation to the through her academic credentials, professional experience, and extensive federal judicial service. She earned a B.A. from in 1971 and a J.D. from the University of Texas School of Law in 1974, followed by a decade in private practice in Houston, Texas, focusing on commercial and bankruptcy law. Appointed to the U.S. Court of Appeals for the Fifth Circuit by President , with confirmation in 1985, Jones accumulated over 35 years on the federal bench by 2020, including service as chief judge from 2012 to 2019. Her docket encompassed thousands of cases in diverse areas, establishing her as an authority on business law while applying a textualist approach to constitutional questions. Conservative legal analysts have consistently evaluated Jones as exceptionally well-suited for the , citing her adherence to —interpreting the based on its original public meaning—and , which limits courts to enforcing enacted law rather than policy preferences. Organizations like the highlight her opinions critiquing judicial overreach in social issues, , and as exemplifying principled conservatism grounded in . For instance, her dissents and rulings emphasize empirical consequences of lenient precedents, such as in cases, where she argued for deterrence based on data over abstract . This record positioned her as a potential to perceived liberal activism on the Court, with commentators noting her intellectual rigor and independence from institutional biases in academia or media. Despite these attributes, Jones was not nominated during multiple high-level considerations under Presidents Reagan and George H.W. Bush, reflecting White House strategies to minimize Senate confirmation battles in a polarized environment. Under Reagan, she appeared on shortlists for late-term vacancies, including after the 1987 Bork rejection, but was bypassed for Anthony Kennedy, whose more moderate profile promised smoother approval amid Democratic opposition. In 1990, for the seat vacated by William Brennan, Bush administration officials named Jones as the runner-up to David Souter, opting for the New Hampshire judge due to his brief federal tenure—which offered fewer opinions for critics to attack—and perceived scholarly detachment from ideological fights. Souter's selection prioritized political expediency over Jones's deeper appellate experience, a choice later criticized by conservatives for enabling Souter's leftward shift and altering Court dynamics. These decisions underscore a pattern where nominees with robust conservative records, like Jones's, were deemed risks for "horrendous fights" similar to Bork's, favoring instead those with thinner trails despite comparable or lesser qualifications.

Extrajudicial Engagements

Public Lectures and Scholarly Writings

Edith Jones has authored several scholarly articles on bankruptcy law and , reflecting her pre-judicial expertise and ongoing interest in . In 1992, she published "Chapter 11: A Death Penalty for Debtor and Creditor Interests" in the Cornell Law Review, critiquing the inefficiencies of Chapter 11 proceedings and advocating for reforms to prioritize creditor recovery over prolonged debtor protections. Co-authored with Todd J. Zywicki in 1999, "It's Time for Means-Testing" appeared in the BYU Law Review, arguing for income-based eligibility restrictions in consumer bankruptcy filings to curb abuse of the system and ensure relief reaches those truly in need. Jones has also contributed opinion pieces on judicial accountability, such as her 2008 Wall Street Journal article "Federal Judges Deserve , Too," which defended procedural protections for Article III judges facing misconduct allegations, drawing on historical precedents and separation-of-powers principles. These writings underscore her emphasis on textual fidelity and practical constraints in legal administration, often challenging expansive interpretations that favor debtors or unchecked judicial authority. In public lectures, Jones has frequently addressed constitutional interpretation, , and societal impacts of court decisions. At the School of Law in January 2003, she delivered a speech asserting that certain rulings had contributed to social decay by undermining deterrence in areas like crime and punishment, pornography , and family structure. She outlined how decisions prioritizing individual autonomy over communal norms had eroded moral and legal foundations, urging a return to originalist methods to restore balance. Her 2013 Edith House Lecture at the School of Law, titled "Why the Matters and Why Women Should Care," emphasized the document's enduring relevance for protecting individual liberties, particularly critiquing modern progressive expansions of government power as threats to personal responsibility and traditional roles. In 2019, as the Distinguished Lecturer at , Jones discussed the "judicial long game," evaluating progress toward Reagan-era goals of and in federal courts, while cautioning against persistent activist tendencies. More recently, in a 2023 University of event, she analyzed appellate challenges to executive overreach in cases involving administrative actions under the Obama and Trump administrations, highlighting patterns of judicial deference that enable policy-making by unelected officials. These engagements, often hosted by organizations like the and , consistently promote and skepticism of extraconstitutional doctrines, positioning Jones as a vocal proponent of restrained judging amid debates over the judiciary's role. Edith Jones served as a commissioner on the National Bankruptcy Review Commission (NBRC), an independent body established by the Bankruptcy Reform Act of 1994 to examine the U.S. Bankruptcy Code and propose amendments. Appointed to the NBRC, which operated from 1995 to 1997, Jones contributed to its analysis of consumer bankruptcy practices, advocating for measures to enhance system integrity, such as means-testing to address perceived abuses in Chapter 7 filings while dissenting from certain recommendations that she viewed as overly lenient. As a member of the Judicial Conference of the United States' Advisory Committee on Rules, Jones participated in efforts to refine procedural standards in bankruptcy litigation, drawing on her prior experience as a practicing attorney. In , she submitted a statement to the American Institute's Commission to Study the Reform of Chapter 11, urging balanced reforms that prioritize creditor interests and judicial consistency without expanding discretionary powers that could lead to uneven outcomes in large cases. Jones has also engaged in federal sentencing reform discussions, providing testimony to the on November 19-20, 2009, where she praised ongoing efforts to streamline and rationalize the guidelines while cautioning against measures that might undermine deterrence in . In the international sphere, she joined the U.S. Department of State's program in 2010, traveling to to advise and train Iraqi and Kurdish judges on , evidence handling, and constitutional principles amid post-invasion reconstruction. These activities reflect her commitment to bolstering rule-of-law frameworks through targeted institutional improvements.

Controversies and Responses

2013 Speech on Race, Crime, and Law

On February 19, , Edith Jones delivered an invited lecture titled "Federal Death Penalty Review" to the chapter at the . In the unrecorded address, she critiqued trends in capital sentencing, emphasizing empirical patterns in and arguing against what she viewed as undue mitigation based on defendants' personal characteristics. Jones asserted that and Hispanics commit a disproportionate share of s compared to their population percentages, citing this as explanatory for their overrepresentation rather than in sentencing. She further contended that low IQ, mental illness, and chronic substance abuse—prevalent among capital defendants—are not valid excuses but inherent risk factors for criminality, dismissing exemptions for the "mentally retarded" under (2002) as a societal disservice that undermines deterrence. Jones maintained that the death penalty serves retributive and deterrent purposes, including allowing defendants a final opportunity for spiritual reconciliation, and rejected moratoriums on executions as contrary to empirical evidence of deterrence. The speech provoked immediate backlash from some attendees, including law students who walked out and later contributed to a formal filed on June 4, 2013, by a coalition of civil rights organizations such as the Legal Defense Fund, ACLU, and others. The 19-page , signed by 11 groups and individuals including law professors, alleged that Jones's remarks demonstrated racial prejudice, predisposed her against minority defendants, and violated canons of judicial conduct requiring impartiality by implying inherent group propensities to violence. Critics, including the complainants, characterized her observations on crime disparities as unsubstantiated stereotypes, though Jones's defenders noted alignment with federal crime data: for instance, 2011 FBI showed blacks, at 13% of the U.S. population, accounting for 49.7% of known offenders. Jones disputed exaggerated or misattributed quotes from the complaint, explaining in a 2014 response that her points drew from decades of reviewing capital appeals, where racial patterns in crime victimization and perpetration are evident without implying . The complaint triggered a rare investigation by the Fifth Circuit's Judicial Council, which referred the matter to the Judicial Conference's Committee on Judicial Conduct and Disability in , for an evidentiary hearing. In October 2014, following review of witness testimony, Jones's rebuttals, and legal analysis, the committee unanimously dismissed the allegations, concluding that her statements reflected candid discussion of sentencing policy based on judicial experience and data, not personal bias or impairment of impartiality. The panel rejected claims of misconduct, noting protections for extrajudicial speech under judicial ethics rules unless it clearly evidences prejudice, and affirmed Jones's fitness to serve. Supporters, including legal scholars, praised the outcome as vindication against politicized attacks, while detractors from advocacy groups decried it as insufficient accountability for racially insensitive rhetoric. The episode highlighted tensions between empirical observations in and expectations of judicial decorum amid debates over race and .

Interpersonal Judicial Incidents

During an en banc oral argument on September 21, 2011, in the United States Court of Appeals for the Fifth Circuit, Chief Judge Edith H. Jones interrupted colleague Judge James L. Dennis amid his extended questioning of government counsel, directing him to "shut up long enough" to allow her to interject a point. Dennis responded audibly, "Don't tell me to shut up," highlighting the tension, which stemmed from Jones's perception of Dennis's questioning as discourteous and overly prolonged. The exchange, occurring before counsel and in open court, was recorded in the official transcript and drew immediate attention from legal observers for its rarity and intensity among federal appellate judges. This episode reflected Jones's reputation for assertive courtroom management but did not result in formal sanctions at the time. In June 2013, amid a broader complaint filed by civil rights groups and ethicists—primarily targeting remarks from a May 2013 speech—the incident was cited as an example of alleged "extreme disrespect" toward a colleague. The Fifth Circuit Judicial Council investigated, acknowledging the "considerable dispute regarding her wording and tone" but ultimately dismissed the complaint in February 2015, concluding that Jones's conduct did not constitute misconduct under the Judicial Conduct and Disability Act, as it fell within permissible judicial temperament during arguments. Complainants appealed to the D.C. Circuit's Judicial Council, which upheld the dismissal in October 2014, finding no basis for further review. No additional verified interpersonal incidents involving Jones and other judges in judicial proceedings have been documented in official records or court filings beyond anecdotal references to her occasionally sharp exchanges, which align with her long-standing profile as a forthright . The 2011 event underscored divisions within the Fifth Circuit, where ideological differences between Jones—a conservative originalist—and —a more liberal voice—have occasionally surfaced in opinions and proceedings, though without escalating to further formal disputes.

Recent Defenses Against Political Attacks

In response to the 2013 judicial misconduct complaint alleging racial bias in her speech on , the Judicial Council of the Court of Appeals for the D.C. Circuit dismissed the allegations on October 14, 2014, concluding that Jones' remarks did not violate judicial canons and stemmed from her extensive experience reviewing over 200 death penalty cases, where she observed patterns in defenses raised, such as claims of mental retardation or societal bias, that she deemed factually unsupported. The council emphasized the absence of a full transcript and reliance on second-hand reports, rejecting claims that her observations about higher rates among certain demographic groups constituted rather than empirical assessment derived from case records and statistical realities. Legal commentators defended Jones' statements as grounded in verifiable crime data, noting that from 2013 showed , comprising 13% of the population, accounted for 52% of homicide offenders, a disparity she attributed to cultural and familial factors rather than inherent racial traits, arguing that acknowledging such patterns is essential for honest policy discussion on and sentencing. Critics of the complaint, including analyses questioning its partisan origins from advocacy groups aligned with progressive causes, portrayed it as an attempt to enforce ideological conformity on judges, suppressing first-hand judicial insights under the guise of ethics enforcement. In 2024, facing renewed political scrutiny over the Fifth Circuit's resistance to random case assignments amid venue-shopping accusations in high-profile litigation, Jones publicly rebuked law professor Steve Vladeck's critiques during a November 13 panel, labeling them "very unsavory" personalized attacks that erode and invite threats against judges, a position she tied to broader Democratic strategies pressuring conservative circuits. Supporters within conservative legal circles affirmed this as a principled stand against politicized , citing the circuit's adherence to statutory venue rules over administrative recommendations from the Judicial Conference, and highlighting Jones' career-long pattern of resisting executive overreach as evidence of impartiality rather than bias. Her continued active participation in scholarly events, such as lectures in 2020 and programs through 2024, reflects sustained institutional backing from originalist networks viewing such attacks as efforts to delegitimize textualist judging.

References

  1. https://www.fjc.gov/history/judges/jones-edith-hollan
  2. https://fedsoc.org/bio/edith-jones
  3. https://www.ca5.uscourts.gov/about-the-court/circuit-history/brief-history
  4. https://www.ca5.uscourts.gov/docs/default-source/judicial-council-orders/resolution-of-judicial-misconduct-complaint-against-circuit-judge-edith-h-jones.pdf?sfvrsn=f513c72d_0
  5. https://www.reaganlibrary.gov/public/digitallibrary/smof/counsel/mcgrath/oa15543/40-363-12009802-OA15543-004-2017.pdf
  6. https://www.aei.org/articles/tae-live-theodore-olson-and-edith-jones/
  7. https://www.independentwomen.com/people/hon-edith-h-jones/
  8. https://www.ahschoolfoundation.org/alumni/hall-of-fame/bio/edith-hollan-jones
  9. https://www.jameswilsoninstitute.org/edith-jones
  10. https://www.texasbar.com/attorneys/member.cfm?id=220877
  11. https://abcnews.go.com/Politics/SupremeCourt/story?id=952070
  12. https://www.9news.com/article/news/local/politics/prospective-supreme-court-justice-nominee-edith-h-jones/73-344700997
  13. https://govinfo.library.unt.edu/nbrc/report/04commis.html
  14. https://archives.law.upenn.edu/Documents/Detail/transcript-of-oral-history-interview-with-judge-edith-jones-2011/5911
  15. https://www.wsj.com/articles/SB113823658080256487
  16. https://ballotpedia.org/Edith_Jones
  17. https://ballotpedia.org/United_States_Court_of_Appeals_for_the_Fifth_Circuit
  18. https://www.fjc.gov/history/administration/judicial-conference-united-states-members
  19. https://www.uscourts.gov/administration-policies/governance-judicial-conference/about-judicial-conference-united-states
  20. https://www.uscourts.gov/sites/default/files/judconfmembers_308_0.pdf
  21. https://www.govinfo.gov/content/pkg/CHRG-106jhrg61368/html/CHRG-106jhrg61368.htm
  22. https://coolidgefoundation.org/the-foundation-historic-site/foundation/judge-edith-jones/
  23. https://archives.law.upenn.edu/Documents/Detail/oral-history-interview-with-judge-edith-jones-2011/5929
  24. https://www.heritage.org/the-constitution/lecture/playing-the-judicial-long-game-how-long-enough
  25. https://www.ca5.uscourts.gov/opinions/unpub/18/18-70013.0.pdf
  26. https://www.ca5.uscourts.gov/opinions/unpub/24/24-70007.0.pdf
  27. https://www.ca5.uscourts.gov/opinions/pub/22/22-70006-CV0.pdf
  28. https://law.resource.org/pub/us/case/reporter/F2/990/990.F2d.185.92-2918.html
  29. https://law.justia.com/cases/federal/appellate-courts/F2/781/1149/416028/
  30. https://www.ca5.uscourts.gov/opinions/unpub/02/02-10620.0.wpd.pdf
  31. https://www.ca5.uscourts.gov/opinions/pub/11/11-50814-cv0.wpd.pdf
  32. https://www.texastribune.org/2014/03/27/5th-circuit-upholds-texas-abortion-regulations/
  33. https://www.reuters.com/article/world/uk/us-court-allows-texas-law-on-ultrasound-before-abortion-idUSTRE8092BV/
  34. https://law.justia.com/cases/federal/appellate-courts/F3/385/846/582508/
  35. https://afterabortion.org/concurring-opinion-of-judge-edith-h-jones/
  36. https://www.usccb.org/issues-and-action/human-life-and-dignity/abortion/women-and-abortion
  37. https://www.ca5.uscourts.gov/opinions/pub/17/17-50282-cv0.pdf
  38. https://www.politico.com/blogs/under-the-radar/2018/03/01/teen-immigrant-abortion-case-judges-433278
  39. https://www.catholicnewsagency.com/news/40347/appeals-court-rules-in-texas-favor-over-effort-to-defund-planned-parenthood
  40. https://caselaw.findlaw.com/us-5th-circuit/1665060.html
  41. https://law.justia.com/cases/federal/appellate-courts/ca5/12-40997/12-40997-2014-04-30.html
  42. https://www.abi.org/feed-item/en-banc-fifth-circuit-changes-course-on-judicial-estoppel
  43. https://www.abi.org/feed-item/the-fifth-circuit-finds-a-way-to-make-it-even-harder-to-discharge-student-loans-in
  44. https://www.govinfo.gov/content/pkg/USCOURTS-ca5-08-50231/pdf/USCOURTS-ca5-08-50231-0.pdf
  45. https://case-law.vlex.com/vid/byrum-v-landreth-no-890417079
  46. https://www.youtube.com/watch?v=jycOBccZS6E
  47. https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1401&context=faculty_articles
  48. https://www.ca5.uscourts.gov/opinions/pub/17/17-10238-cv0.pdf
  49. https://www.ca5.uscourts.gov/opinions/pub/23/23-50491-CV0.pdf
  50. https://www.highereddive.com/news/5th-circuit-blocks-borrower-defense-education-department-for-profit-colleges/712583/
  51. https://www.ca5.uscourts.gov/opinions/pub/22/22-40328-CV0.pdf
  52. https://www.hollandhart.com/5th-circ-esa-decision-highlights-deference-discord
  53. https://www.latimes.com/archives/la-xpm-1987-10-31-mn-4477-story.html
  54. https://www.nytimes.com/1987/11/09/us/reagan-weighing-conflicting-advice-on-court-nominee.html
  55. https://www.nytimes.com/1990/07/29/us/the-judge-not-chosen-is-less-of-an-enigma.html
  56. https://www.congress.gov/crs-product/R44235
  57. https://www.nytimes.com/2018/12/06/opinion/bush-supreme-court-thomas.html
  58. https://www.aei.org/op-eds/the-indispensable-originalist/
  59. https://fedsoc.org/commentary?author=edith-jones
  60. https://www.law.virginia.edu/news/200301/supreme-court-has-been-contributing-social-decay-jones-argues
  61. https://www.cato.org/testimony/perspectives-supreme-court-practitioners-views-confirmation-process
  62. https://slate.com/news-and-politics/2005/10/susan-lucci-in-judicial-robes.html
  63. https://www.nytimes.com/1990/07/24/us/souter-new-hampshire-judge-named-bush-for-high-court-no-litmus-test-president.html
  64. https://www.washingtonpost.com/archive/politics/1990/07/25/in-the-end-souter-fit-politically/8455b5a2-d6ea-4eed-86ec-18966e69d1b6/
  65. https://scholarship.law.cornell.edu/clr/vol77/iss5/31/
  66. https://digitalcommons.law.byu.edu/lawreview/vol1999/iss1/2/
  67. https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=6393&context=uclrev
  68. https://digitalcommons.law.uga.edu/lectures_pre_arch_lectures_house/
  69. https://www.heritage.org/JosephStory2019
  70. https://civicleadership.utexas.edu/events/edith-jones-on-at-the-frontlines-recent-court-battles-over-executive-power/
  71. https://govinfo.library.unt.edu/nbrc/report/24commvi06.html
  72. https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3393&context=wmlr
  73. https://commission.abi.org/sites/default/files/statements/21feb2013/REDRAFT_ABI_Commission_Study_Reform_Ch_11.pdf
  74. https://www.ussc.gov/sites/default/files/pdf/amendment-process/public-hearings-and-meetings/20091119-20/Jones.pdf
  75. https://www.nytimes.com/2013/06/05/us/federal-judge-in-texas-is-accused-of-racial-bias.html
  76. https://www.austinchronicle.com/news/judge-edith-jones-blacks-and-hispanics-more-violent-12088384/
  77. https://www.texastribune.org/2013/06/04/complaint-judges-comments-show-bias-death-penalty/
  78. https://www.npr.org/sections/thetwo-way/2013/06/13/191314429/federal-judge-to-face-rare-review-over-controversial-remarks
  79. https://eji.org/news/complaint-accuses-federal-judge-edith-jones-of-racial-bias/
  80. https://www.abajournal.com/news/article/5th_circuit_judge_explains_remarks_on_race_and_crime_ethics_complaint_is_to
  81. https://www.chron.com/news/houston-texas/article/Federal-panel-dismisses-complaint-against-Houston-5823333.php
  82. https://abovethelaw.com/2014/10/how-edith-jones-helped-prove-eric-holder-right-lessons-i-learned-about-race-after-defending-a-judge-accused-of-racism/
  83. https://www.abajournal.com/news/article/5th_circuit_oral_arguments_turn_contentious_when_chief_judge_tells_colleagu
  84. https://law.justia.com/cases/federal/appellate-courts/cadc/DC-13-90021/DC-13-90021-2014-10-15.html
  85. https://www.law.com/texaslawyer/almID/1202517474300
  86. https://www.houstonchronicle.com/news/houston-texas/houston/article/Judge-Jones-outspoken-but-are-remarks-improper-4603117.php
  87. https://www.courthousenews.com/ethics-charge-against-judge-jones-faces-appeal/
  88. https://www.nola.com/news/crime_police/5th-u-s-circuit-court-judge-cleared-in-misconduct-complaint/article_e6653448-5a24-5523-b55b-1154b1a7054c.html
  89. https://abovethelaw.com/2011/09/benchslap-of-the-day-chief-judge-jones-tells-judge-dennis-to-shut-up/
  90. https://abovethelaw.com/2013/06/a-tale-of-sound-fury-but-no-transcript-in-defense-of-judge-edith-jones/
  91. https://news.bloomberglaw.com/us-law-week/fifth-circuits-jones-tears-into-vladeck-over-judge-shopping
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