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FILE - In this Aug. 4 1958 file photo shows jduges of the Eighth U.S. Circuit Court of Appeals, from left, Martin D. Van Oosterhout, Orange City, Iowa; Harvey M. Johnsen, Hastings, Neb.; John B. Sanborn, St. Paul, Minn.; Chief Justice Archibald K. Gardner, Huron, S.D.; Joseph W. Woodrough, Omaha, Neb.; Charles J. Vogel, Fargo, N.D., and Martin C. Matthes of St. Louis. In a special summer session, the court heard arguments in an appeal from a federal court order postponing the 2 ½ years integration in the Little Rock, Ark., Central high school. Five decades and $1 billion after an infamous racial episode made Little Rock a symbol of school segregation, the legal fight to ensure all of its children receive equal access to education has ended. (AP Photo/JMH, File)

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Sen. Chuck Grassley of Iowa, the ranking Republican on the Senate Judiciary Committee, defends the value of the filibuster on judicial nominees, saying Democrats are trying to pack the U.S. Circuit Court of Appeals for the D.C. Circuit. (Associated Press)

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University of Michigan student Ebrie Benton demonstrates outside the Federal courthouse in Cincinnati last year where the 6th Circuit Court of Appeals was hearing oral arguments in its review of their ruling last summer that Proposal 2, the ban on affirmative action in Michigan colleges and universities, is unconstitutional. (associated press)

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** FILE ** Students demonstrate outside the Federal courthouse, Wednesday, March 7, 2012, in Cincinnati, where the Sixth Circuit Court of Appeals was hearing oral arguments in their review of their ruling last summer that Proposal 2, the ban on affirmative action in Michigan, is unconstitutional. (AP Photo/Al Behrman)

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President Obama speaks June 4, 2013, in the Rose Garden of the White House while announcing the nominations of (from left) Robert Wilkins, Cornelia Pillard and Patricia Ann Millet to the D.C. Circuit Court of Appeals. (Associated Press)

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**FILE** Caitlin J. Halligan (left), then a lawyer for New York, and David Boies, a lawyer for Court TV, talk in the Court of Appeals in Albany, N.Y., on April 27, 2005, before Boies represented a cable television channel in their suit against the state to reverse a ban on cameras in the courtroom. (Associated Press)

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**FILE** Virginia Attorney General Ken Cuccinelli speaks during a press conference after a hearing before the 4th Circuit Court of Appeals on a challenge to the federal health care reform act in Richmond, Va., on May 10, 2011. (Associated Press)