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Photo by: Charles Dharapak

** FILE ** In this Sept. 29, 2009, file photo, the Supreme Court poses for a portrait at the Supreme Court in Washington. Seated, from left are: Associate Justice Anthony M. Kennedy, Associate Justice John Paul Stevens, Chief Justice John G. Roberts, Associate Justice Antonin Scalia, and Associate Justice Clarence Thomas. Standing, from left are: Associate Justice Samuel Alito Jr., Associate Justice Ruth Bader Ginsburg, Associate Justice Stephen Breyer, and Associate Justice Sonia Sotomayor. Justice John Paul Stevens, the court's oldest member and leader of its liberal bloc, he is retiring. President Barack Obama now has his second high court opening to fill. (AP Photo/Charles Dharapak. File )

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