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UNITED STATES - OCTOBER 05:  Supreme Court Justice Stephen Breyer, testifies before a Senate Judiciary Committee hearing in Hart Building entitled "Considering the Role of Judges Under the Constitution of the United States."  Justice Antonin Scalia also testified. (Photo By Tom Williams/Roll Call)

UNITED STATES - OCTOBER 05: Supreme Court Justice Stephen Breyer, testifies before a Senate Judiciary Committee hearing in Hart Building entitled "Considering the Role of Judges Under the Constitution of the United States." Justice Antonin Scalia also testified. (Photo By Tom Williams/Roll Call)

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