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Dressed in colonial cloths, James Manship of Mt. Vernon, Va., Holds the Liberty Tree Flag as he listens to religious leaders speak before unveiling their depiction of the Ten Commandments again across the street from the Supreme Court after vandals pulled it over, Washington, D.C., Tuesday, October 29, 2013. (Andrew Harnik/The Washington Times)

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Religious leaders join the president of Faith and Action as he unveils their depiction of the Ten Commandments again across the street from the Supreme Court after vandals pulled it over, Washington, D.C., Tuesday, October 29, 2013. (Andrew Harnik/The Washington Times)

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"My goodness, I thought we've held that the 14th Amendment protects all races," Supreme Court Justice Antonin Scalia said Tuesday during arguments on Michigan's constitutional amendment banning affirmative action. "I mean, that was the argument in the early years, that it protected only the blacks. But I thought we rejected that." (Associated Press)