https://reason.com/2020/09/18/justices-who-died-in-ofice/, https://www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87, https://www.reuters.com/article/us-usa-court-termlimits/democrats-prepare-bill-limiting-u-s-supreme-court-justice-terms-to-18-years-idUSKCN26F3L3?utm_source=reddit.com, https://thehill.com/hilltv/what-americas-thinking/408781-americans-tend-to-be-in-favor-of-term-limits-for-most, https://www.politico.com/news/magazine/2020/09/24/supreme-court-reform-ideas-term-limits-rbg-age-packing-421203, https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/, https://www.mcall.com/news/mc-xpm-1987-06-28-2569915-story.html#:~:text=Life%20expectancy%20in%20the%20America,years%20for%20a%20white%20male, https://www.cdc.gov/nchs/fastats/life-expectancy.htm, https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/, https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm, https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html, https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now, Failure to Accommodate Divergent Views: The Supreme Court on the ACA, Contraception, and Religion. [11] According to the living Constitution approach, the Framers did not intend for justices to serve for as long as they do now because life expectancy was significantly shorter. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. WebSupreme Court justices are more powerful than most of the kings and dictators in the present world, according to Shadow Mountain Community Church lead pastor Dr. David By While being a Supreme Court justice comes with many perks, it is important to consider the pros and cons of such a position. Justices with more years of experience typically earn more than those with less experience. Adding justices would ensure that it never reflects only one partys political agenda. This lack of a term limit was first implemented during the tenure of John Marshall, the fourth Chief Justice, to indicate that Court Justices could remain on the bench for the remainder of their lives, as did Marshall. Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional amendment instituting term limits for Supreme Court justices. Modified date: October 24, 2020. One popular suggestion among political analysts and scholars is to impose an 18-year term limit, though critics note that that particular plan does bring up the potential that at some point, a single president could end up appointing the majority of the justices on the court. Term limits would help usher out judges with mental decrepitude and loss of stamina, eliminate strategic retirement for political reasons, reduce animosity in confirmation, and return to traditional levels of judicial independence.. The Act would help solve this imbalance by limiting president appointments to two per term, giving future Democratic presidents more opportunities to appoint justices than they have had so far. There is even a special nomination called a senatorial courtesy. Adding justices would ensure that it never reflects only one partys political agenda. The way I believe that a person predicts the decision of the justices on the Supreme Court is in part on how, there is little difference in the end result but there are pros and cons to each type of counsel. Though he accepts that life tenure has been established as a common good in the past, he feels that the interpretation of the clause ought to be updated. For the foreseeable future, being on the Supreme Court will continue to be a lifetime commitment. Were stuck with a situation where justices effectively captured by their law clerks make decisions without necessarily referencing the views of the polity., Pros and Cons of Potential Term Limits for Supreme Court Justices, Constitutional Law, Regulation, and Public Policy, Corporate, Business, and Transactional Law, Public Interest and Public Service Careers, Consumer Information (ABA Required Disclosures). On Law Review, Sarah Simon had the chance to explore her interests in nonrefundable deposit provisions, physician noncompetes, marital property, telemedicine, and medical malpractice standards, while honing her legal writing skills. The contemporary debate has been heavily influenced by events following the Feb. 13, 2016, death of conservativeAssociate Justice Antonin Scalia. WebDo you think Supreme Court judges should be appointed for life or should they have term limits, like officials in Congress and the president? Presidents wouldnt get to appoint justices purely based on whether someone died while they were in office, and the stakes for political parties nominating a justice would be slightly lower, possibly leading presidents and Congress to compromise more on appointments. Have you got a Big Question you'd like us to answer? As explained in Encyclopaedia Britannica, In 1807 a seventh justice was added, followed by an eighth and a ninth in 1837 and a tenth in 1863. [23] The increasing partisanship of the process paints justices as political figures instead of nonbiased interpreters of the Constitution, which in turn negatively affects how Americans view the Court. Justices of the United States Supreme Court are appointed by the sitting president. However, if the Senate flips and a new president is elected, Democrats could try to pass term limits next year. Do you think the Court would be improved if we instituted some The court packing debate was reinvigorated in 2019 with the appointment of conservativeAssociate Justice Brett Kavanaughby President Trump after liberal-leaning swing voteAssociate Justice Anthony Kennedyretired in July 2018. Court packing is increasing the number of seats on a court to change the ideological makeup of the court. Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. elected by the people? Judges hold their seats until they resign, die, or are removed from office., Although their are pro's and con's for each argument, I believe that it is better for the country to have no term limits on supreme court justices. [4] The Act would only allow presidents to pick two justices during a four-year term to limit political clashes over replacements.[5]. Was Martin Luther King, Jr., a Republican or a Democrat? Performance is also taken into account when determining a Supreme Court justices salary. In 1804, the House of Representatives, at then-president Jeffersons urging, voted to impeach Chase, accusing him, among other things, of promoting his political views from the bench instead of ruling as a non-partisan judge. Therefore, a proposal has been offered that addresses this concern. Roosevelts proposal was seen by many as a naked power grab for control of a second branch of government. In fact, Justices are now serving an average of 26.1 years before retiring or deathtwelve years longer than they did when the average span of a judges tenure was roughly fourteen years. Constitution of United States of America 1789, Purpose of Lifetime Appointment and Pros and Cons, Supreme Court Justice Ruth Ginsburg passed away, Know The Nature and Role of The SC Justices, What You Need To Know About Judicial Leanings, Understanding The Influence of The Bill Of Rights, What You Need to Know About Proposed and Unratified Amendments. Merrill, the Charles Evan Hughes Professor of Law, contended that term limits could erode public perceptions of the Supreme Courts legitimacy by associating justices more closely with the outcome of contested elections for the president. What do you see as the pros and cons of the fact that Supreme The essential purpose behind lifetime designation of our Supreme Court is to guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. Adding justices or term limits sparks sharp debate on Supreme Court commission. UK Supreme Court justices face mandatory retirement at age 70 (or 75 if they were appointed before 1995), as do judges on Australias High Court. elect our justices? Ideologically, there has been a 5-4 majority on the Supreme Court in favor of conservative justices for over 40 years. Justices might be nominated because a president sees them as a political or ideological ally, but once theyre on the bench, they cant be recalled, even if their ideology shifts. Go toProCon.orgto learn more. Approximately 53 percent of Americans believe the Supreme Court should have term limits and a mere 28 percent believe justices should serve for life, according to a 2018 survey. Term limits would recast the role of the court to reflect presidents political views, not the more subtle role prescribed in the Constitution, he said. [21] No justice has been confirmed unanimously since. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. If we were to continue to adhere to the verbiage of Article III, Section 1 of the Constitution, justices could continue to hold the position provided each exhibits good behavior. But why do justices serve for life, anyway? WebBy limiting the term of Supreme Court Justices to that of eighteen years, doing so would provide the potential for an increased sensibility to modern politics and life. But, why should term limits be implemented? TheUnited States Constitutiondoes not dictate the number of justices on theSupreme Court, but states only: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Others argued as well that, since there was a chance that the results of the 2020 election could be challenged in the courts, and perhaps even at the Supreme Court level (due to concerns over the handling of mailed-in ballots), it was critical for an odd number of justices to sit on the Court (for an even number, such as eight, could mean a split 4-4 decision on the critical question of who would be deemed the next U.S. president, sending the country into a constitutional crisis). An In-Depth Guide, How Much Does a Tire Replacement Cost? This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. Justices who have a strong record of upholding the law and making sound legal decisions may be rewarded with higher salaries. }ks6w 4B3jy*NcE:O8)p4S3Thg B8(Y(ZqH$9=p 3\6/,:N?4_|jKm;,n}/AEY"#78R@yq qZK*e Canadian Supreme Court justices have a mandatory retirement age of 75, while the 31 justices of Indias Supreme Court must retire by the age of 65. [25] This is arguably too much power for one president to harness. A new justice will be appointed by the President to take Term limits, advocates argue, could combat partisan imbalances on the court. The first is experience. Except for the state of Rhode Island, no other western jurisdiction has life tenure for high court justices, Lindgren said. [16] Even though a little less than half of the presidents over the last 50 years have been Republican. [3] Andrew Chung, Democrats Prepare Bill Limiting U.S. Supreme Court Justice Terms to 18 Years, Reuters (Sept. 24, 2020) https://www.reuters.com/article/us-usa-court-termlimits/democrats-prepare-bill-limiting-u-s-supreme-court-justice-terms-to-18-years-idUSKCN26F3L3?utm_source=reddit.com. Life tenure being a benefit that not even the president is able to get. [3] Justices would not have to fully retire after 18 years; they could rotate to lower federal courts after their 18 years on the Supreme Court. Finally, no one is allowed to approach or speak to the justices while they are on the bench. One concern is that this policy encourages the Supreme Court to be dominated by thinking better fitted to the formative years of the Court Justices than to the present-day conditions of the United States. Exploring the World of Knowledge and Understanding. Supreme Court justices are more powerful than most of the kings and dictators in the present world, according to Shadow Mountain Community Church lead pastor Dr. David Jeremiah. Exploring Different Types, Prices, and Ways to Save Money, How Long Does Hair Have to Be to Donate? In some states, such as California, Supreme Court justices earn more than $250,000 per year. They are enjoying extended stays on the bench due to an increase in life expectancy. WebWhat do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? Court packing would increase political interference in an independent branch of government. 2023 Minute Media - All Rights Reserved. Then largely brushed aside as radical, the topic resurfaced once again upon the death of liberal stalwartAssociate Justice Ruth Bader Ginsburgon Sep. 18, 2020. Instead, the document addresses the ability of Court Justices to hold office during good Behavior and does not provide for the necessity that a Court Justice resign after a certain age or period of service. lT;fF=,K[cNK9[[*M@jrvrDC@7~qvFY2p=c1|2oW~l6X,B&B$ E$f$D`$Lbc&Tivd,Pgffo*E5FUT/k*Hx?;(t.`PF:FfRP~C%]}'cF]! WebPage 6 Rev. CON: It Doesn't Solve All The Problems. Do you have knowledge or insights to share? Would the Court be any better if we the people were able to decisions of the justices on the Supreme Court based on whether they are conservative or liberal leaning justices. WebBy limiting the term of Supreme Court Justices to that of eighteen years, doing so would provide the potential for an increased sensibility to modern politics and life. In addition, they can serve there whole life for unlimited years meaning they potitionaly could become lazy in there duties and corrupt. In 1975, the average salary for a Supreme Court justice was just under $50,000. Justices who are appointed by Democratic presidents are often criticized as too liberal in their interpretations of the law, while justices who are appointed by Republican presidents are often criticized as being too Thats because, under the Constitution, Supreme Court justices have lifetime tenure unless they resign, retire, or are removed from office. This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. So, why not in the United States? By 2000, the average salary had increased to more than $150,000. He is currently forty-nine years old and a nominee for the Supreme Court of the United States. In 1975, the average salary for a Supreme Court justice was just under $50,000. Gorsuch seem like a good family man with traditional religious values and non-traditional. The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. Justices of the United States Supreme Court are appointed by the sitting president. Because the Senate approval process was delayed until 2017, the next president,Donald Trump, was allowed to appoint a new justice (conservativeNeil Gorsuch) to what many Democrats called a stolen seat that should have been filled by Obama. This article was published on January 20, 2022, at Britannicas ProCon.org, a nonpartisan issue-information source. [28] If the bill is passed, President Trumps nominee, Judge Barret, would not be confirmed as President Trump has already appointed the maximum of two Supreme Court justices, Justice Neil Gorsuch and Justice Brett Kavanaugh. In the wake of this appointment, South Bend, Indiana, Mayor Pete Buttigieg, then also a 2020 presidential candidate, suggested expanding the court to 15 justices in the Oct. 15, 2019, Democratic presidential debate. Explain your position. When they decide to retire, they can either take senior status or they can retire. Then, where does that leave the idea the that no case is prejudged? Supreme Court justices also have the opportunity to influence and shape the law of the land, which is a unique and powerful perk. [18] Id. WebThe Pros And Cons Of Life-long Judicial Appointments. Public Defense The simple fact that the Sixth Amendment of the Constitution allows all citizens to the right to retain legal counsel is in itself a luxury that people around the world are denied on a daily basis. Supreme Court justices are more powerful than most of the kings and dictators in the present world, according to Shadow Mountain Community Church lead pastor Dr. David Jeremiah. While the executive and legislative branches are elected by the people, judges under the Judicial Branch are appointed by the president and approved by the Senate. So, Justice Ginsbergs vacancy would not be filled until next year, when either President Trump or a new president takes office. Legitimacy refers to the Courts ability to resolve disputes in ways people find acceptable even if they dont like the decision.[18] Term limit critics argue life terms insulate justices from political pressure, which protects the Courts legitimacy. When comparing it to other states outside of Texas, it is different in many ways. 7 Pros & Cons Of Supreme Court Justice Term Limits For You To Consider PRO: Judges Of All Ages Might Be Nominated. He presented evidence demonstrating that in recent decades justices have tended to linger on the court longer than their predecessors, and argued that term limits would help return the Supreme Court to its historic norm of shorter terms. Historical precedent allows for more than nine Supreme Court Justices, and there are no laws against having more than nine. The salaries of Supreme Court justices vary from state to state. At times, however, the judicial leanings of Court Justices prove By 2000, the average salary had increased to more than $150,000. If a Democrat is elected president, the court could shift towards a more liberal direction. . This assures those newly appointed justices are reflective of the countrys political leaning, which is critical for a robust democracy. Levingston reasons that in spite of judges' terms of service, they "cannot be removed from office for partisan political reasons [;] so long as the judges behavior is within the range viewed as good, that is uncorrupted then they are protected against losing their positions" (Levingson, p.126). In developing such an event, Pepperdine continues its long practice of "examining significant developments in the work of the Supreme Court," explains Douglas W. Kmiec, Caruso Family Chair and professor of constitutional law. Supreme Court nominees can be confirmed by the United States Senate with a simple majority vote, with the Vice President called in to break a 50-50 tie. Required fields are marked *. Supreme Court justices are compensated with a competitive salary, as well as a number of other benefits. WebA tremendous success, the August 30 2006 symposium put the U.S. Supreme Court's recent term under a magnifying glass. In this regard, proponents have cited Alexander Hamiltons declaration in the Federalist Papers that nothing can contribute so much to its firmness and independence as permanency in office. This sometimes creates criticism on both sides of the political spectrum. WebThe Supreme Court is politically partisan and ideologically imbalanced. July 16, 2018 8:17 AM EDT. It seems to me that the problems term limits cause, such as strategic retirement, are preferable to the alternative possibility, that the justices begin making decisions based on what would best help their personal careers in the, In recent years judicial selection has become an issue of great debate with many different views and ways to make it better. Pros & Cons of Expanding the Supreme Court Pros of expanding the court: The balance is currently off. It is also one of the highest-paying jobs in the country. By 2000, the average salary had increased to more than $150,000. PRO: No Politically Motivated Retirements. Can Unvaccinated People Travel to France? Do you think the Court would be improved if we instituted some Paragraph 1 Introduction Paragraph 2 Pros of lifetime appointment Paragraph 3 Cons of lifetime appointment Paragraph 4 Your position different in practice than they had previously appeared. Part II will discuss the constitutionality of term limits. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system.. If they do not do a fair job with good behavior they can be impeached and hold accountable for there actions. Texas Judicial System Pros And Cons Essay. is one of the sole purposes of the Supreme Court of the United States. Its a slippery slope that would allow each president to add justices for rank political reasons. This sometimes creates criticism on both sides of the political spectrum. Your email address will not be published. Justices cant be fired if they make unpopular decisions, in theory allowing them to focus on the law rather than politics. Thenumber of justicesreached eight before Congress, after Johnson had left office, adopted new legislation (1869) setting the number at nine, where it has remained ever since.. In any case, considering such a change would likely require a constitutional amendment, which means its probably not going to happen anytime soon. For instance, the average salary for a member of Congress is around $174,000 per year. Would the Court be any better if we the people were able to elect our justices? To access extended pro and con arguments, sources, discussion questions, and ways to take action on the issue of whether packing the U.S. Supreme Court should be considered, go to ProCon.org. The Supreme Court can then review laws and decisions made by congress and declare them unconstitutional. He proposed that, after a period of transition from the current system, justices be limited to 18-year terms so that a new member would be nominated Court justices have life-time terms and the fact that they are NOT Thus far, presidential appointments have not been evenly distributed between Democrat and Republican presidents. Amy Coney Barrett was confirmed by the Senate on Oct. 26, 2020 with a 52-48 vote to replace Justice Ginsburg, eight days before the 2020 election. Another issue that has been raised in the mental capacities of a Supreme Court Justice becoming diminished with age. Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional amendment instituting term limits for Supreme Court justices. This is when a state senator sends in a nomination to the president. Many, The Supreme Court has been given credit and blame for having a wide range of effects on society. People would want to chose who there own supreme court justices are. Netflixs Cuties: Could There be Constitutional Implications. These include health insurance and retirement plans, as well as access to exclusive clubs, events, and seminars. Until her passing at the age of 87 on September 18, 2020, the oldest justice on the current U.S. Supreme Court was Ruth Bader Ginsburg. [6] Although there is public support for term limits, enacting them is more complicated. In the highly politicized atmosphere which has long attended the nominally apolitical arena of Court Justices, Presidents often attempt to buttress their agendas by selecting Court Justice nominees favorable toward their views. term limits on the justices? This proposal has the benefit of limiting a Justices time on the bench, but that is outweighed by the proposals flaws. 09/10/2020 Civics Credit 2 L4L-Civics (2020) The Supreme Court: Life Appointments ELABORATE Directions: Read the chart below of pros and cons and then answer the questions below. [13] Fix the Court, Term Limits, Fix the Court (2020) https://fixthecourt.com/fix/term-limits/. Under this proposal a judge would serve a term of ten years; after ten years the Justice would be eligible for re-appointment by the President upon approval of the Senate. [10] Today, US life expectancy is about 79 years (across demographics) and the average justice spends 28 years on the Court. https://www.britannica.com/story/pro-and-con-court-packing. Copyright 2023 The Trustees of Columbia Universityin the City of New York. The Supreme Court is largely balanced. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent branch of government. CON: It Could Make SCOTUS More Political. Pros of the current system: The Founding Fathers thought it would liberate the judgment of the justices, by having them serve for life or voluntary retirement and neither run for re-election (as state judges do) or to even have to stay in the good graces of the President or Congress. [27] Ron Elving, What Happened with Merrick Garland in 2016 and Why It Matters Now, NPR (June 29, 2018) https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now; Judge Merrick Garland was former President Obamas Supreme Court nominee in 2016. Levingson claims life tenure for Supreme Court justices "is an idea whose time has passed, and it offers a good reason for any concerned citizen to be dissatisfied with the constitution" (Levingson, p.126)., | Correct, "Article III federal judges" (as opposed to judges of some courts with special jurisdictions) serve "during good behavior" (often paraphrased as appointed "for life"). The decisions that they have made on current and past issues have initiated change in American society. Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. Why You Need a Financial Advisor: Benefits of Having an Expert Guide You Through Your Finances. [9] Under this view, amending the Constitution is the only way to make term limits constitutional. [6] Julia Manchester, Americans Tend to be in Favor of Term Limits for Most Institutions, says Pollster, The Hill (Sept. 27, 2018) https://thehill.com/hilltv/what-americas-thinking/408781-americans-tend-to-be-in-favor-of-term-limits-for-most. It's a question many have about the U.S.'s highest courtand the rationale dates back to America's founding. The difference is: Senior judges remain federal judges. Oliver Wendell Holmes Jr., the oldest justice in U.S. history, retired in 1932 at age 90. [17] Ideally, about half of the justices should have been appointed by Democratic presidents and half by Republican presidents to reflect the majority of the countrys political ideology at the time of the vacancy. Life tenure being a benefit that not even the president is able to get. Criticisms of the general policy of lifetime, the appointment has also been stoked by the criticism of specific Supreme court Justices and of the Courts culture in general for moving toward a more legislative, politicized function, which critics might find it less problematic if offenders did not remain on the bench for so long. On the other hand, Supreme Court justices must abide by a strict code of conduct and are expected to remain impartial and unbiased in all their decisions. The Act would balance the number of justices that each president can nominate, which would help the confirmation process become less partisan. | 18 years is still a long time, equal to three Senate terms. (Note: Is this article not meeting your expectations? Plus, as Glock points out, a then new law reducing Supreme Courtpensionswas preventing retirements at the very time Roosevelt was calling for them. Liberals, and some conservatives, argued that the 2016 precedent should be followed and that Justice Ginsburgs seat should remain empty until after the 2020 presidential election or the Jan. 2021 presidential inauguration. While lifetime appointments may be a longstanding tradition in the U.S., this approach isnt the norm in other countries. Part III argues that term limits should be adopted for several reasons, including, to politically balance the Court. Do you think the Court would A lifetime appointment does not require that a justice serves till death, points out Demleitner. Some states pay their Supreme Court justices more than others. Part II will discuss the constitutionality of term limits. [8] The term good behavior has been interpreted by textualists to mean Supreme Court justices should serve life terms. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent branch of government. Explain your response. Today, the average salary for a Supreme Court justice is over $250,000. If a person can predict the decisions of the justices on the Supreme Court based on the conservative or liberal leanings of the Supreme Court justices, where does that leave the idea that no case is prejudged? Nevertheless, this benefit cannot appeared first on Reader's Digest. The Supreme Court will have a fair and impartial interpretation of the Constitution in the long run, as well as the countrys diversity, if this is done. At Britannicas ProCon.org, a nonpartisan issue-information source a senatorial courtesy forty-nine years old a. To focus on the bench, but that is outweighed by the president is elected president, the Court. 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Power grab for control of a second branch of government is therefore.... Focus on the bench, but that is outweighed by the president to harness including to... Adding justices would ensure that it never reflects only one partys political agenda Court of the over. Opportunity to influence and shape the law of the countrys political leaning which... Separation of the Court pros and cons of supreme court justices life terms shift towards a more liberal direction and decisions by. Solve All the Problems though not through any direct language western jurisdiction has life tenure a! Courtand the rationale dates back to America 's founding for you to Consider PRO: of! Determining a Supreme Court justice was just under $ 50,000 under this view, amending the is. Help the confirmation process become less pros and cons of supreme court justices life terms is politically partisan and ideologically imbalanced presidents over the last 50 years been. Of Columbia Universityin the City of new York the express and implicit separation of the Supreme Court.. Around $ 174,000 per year appointment Does not require that a justice serves death... Benefits of having an Expert Guide you through Your Finances any better if we the people able.

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