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In this March 23, 2015, file photo, Supreme Court Associate Justice Anthony Kennedy testifies before a House Committee on Appropriations Subcommittee on Financial Services hearing on Capitol Hill in Washington. Kennedy is giving no signs that he’s about to retire, but that hasn’t eased liberals’ anxiety or deflated conservative hopes that the 81-year-old justice will step down soon, giving President Donald Trump the opportunity to name a successor before the midterm elections. (AP Photo/Manuel Balce Ceneta, File)

In this March 23, 2015, file photo, Supreme Court Associate Justice Anthony Kennedy testifies before a House Committee on Appropriations Subcommittee on Financial Services hearing on Capitol Hill in Washington. Kennedy is giving no signs that he’s about to retire, but that hasn’t eased liberals’ anxiety or deflated conservative hopes that the 81-year-old justice will step down soon, giving President Donald Trump the opportunity to name a successor before the midterm elections. (AP Photo/Manuel Balce Ceneta, File)

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