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

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

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