ROSENBAUM, Circuit Judge:
Darned if you do and darned if you don't. That dilemma is nothing new. Indeed, around 800 B.C.E., Homer wrote of the problem in his epic poem The Odyssey. There, the conundrum appeared when Odysseus found himself "caught between the Scylla and Charybdis," a phrase we continue to use today to refer to the darned-if...
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