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FILE - In this Oct. 2, 2013 file photo, Supreme Court Justice Antonin Scalia speaks at Tufts University in Medford, Mass. Aided by video captured by dashboard cameras in police cruisers, Supreme Court justices on Tuesday seemed poised to rule for police officers involved in a high-speed chase that ended with the deaths of the fleeing driver and his passenger. (AP Photo/Josh Reynolds, File)

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** FILE ** In this March 8, 2012, file photo, Supreme Court Justice Antonin Scalia speaks at Wesleyan University in Middletown, Conn. (AP Photo/Jessica Hill, File)

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FILE - In this March 8, 2012 file phoo, Supreme Court Justice Antonin Scalia speaks at Wesleyan University in Middletown, Conn. Scalia says the nation's highest court was wrong 70 years ago to uphold the internment of Japanese-Americans during World War II. But he told students and faculty at the University of Hawaii's law school on Monday, Feb. 3, 2014, the case came during a time of panic about the war. Scalia says he wouldn't be surprised if the court ruled similarly during another conflict. (AP Photo/Jessica Hill, File)

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** FILE ** In this March 8, 2012, file photo, Supreme Court Justice Antonin Scalia speaks at Wesleyan University in Middletown, Conn. (AP Photo/Jessica Hill, File)

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** FILE ** Supreme Court Justice Antonin Scalia responds to a question during his appearance in part of a lecture series at Tufts University, Wednesday, Oct. 2, 2013, in Medford, Mass. (AP Photo/Josh Reynolds)

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Sitting on the U.S. Supreme Court are (clockwise from upper left) Associate Justices Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito Jr., Elena Kagan, Ruth Bader Ginsburg and Anthony M. Kennedy; Chief Justice John G. Roberts Jr.; and Associate Justices Antonin Scalia and Clarence Thomas. (AP Photo/Pablo Martinez Monsivais)

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** FILE ** Supreme Court Justice Antonin Scalia responds to a question during his appearance in part of a lecture series at Tufts University, Wednesday, Oct. 2, 2013, in Medford, Mass. (AP Photo/Josh Reynolds)

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** FILE ** Supreme Court Justice Antonin Scalia responds to a question during his appearance in part of a lecture series at Tufts University, Wednesday, Oct. 2, 2013, in Medford, Mass. Scalia, who has served on the nation's highest court since 1986 following a nomination by President Ronald Reagan, spoke about interpreting the U.S. Constitution. (AP Photo/Josh Reynolds)

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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)

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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)

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Supreme Court Justice Antonin Scalia pauses during a speech as part of a lecture series at Tufts University on Wednesday, Oct. 2, 2013, in Medford, Mass. Justice Scalia, who has served on the nation's highest court since 1986 following a nomination by President Reagan, spoke about interpreting the U.S. Constitution. (AP Photo/Josh Reynolds)

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Supreme Court Justice Antonin Scalia gestures as he speaks at the Northern Virginia Technology Council's Titans breakfast in McLean, Va., on Wednesday, Sept. 25, 2013. (AP Photo/Manuel Balce Ceneta)

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The U.S. Constitution "established a rock, some fixed principles, to which society is affixed to," Supreme Court Justice Antonin Scalia said Monday at George Washington University. (Associated Press)