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For the second time, a judge has refused to step in and manage the state’s unemployment system.

Judge John Cooper called the current crisis a ‘black swan event’ and beyond the Department of Economic Opportunity’s ability to control.

Judge Cooper also cited multiple improvements that have resulted in more than a million people being paid benefits.

“But there’s still a problem and I agree there’s still a problem and this is affecting a lot of people and it’s not their fault that they’re not getting paid. Well, I don’t know every single instance, but I suspect for the majority of them it’s not their fault…” said Cooper. “I can’t tell the Governor what to do most of the time and he can’t tell me what to do most of the time.”

The judge said the only way he could have intervened is if the Governor had simply refused to pay any benefits at all.