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In this Dec. 8, 2014, file photo, Sister Loraine Marie Maguire, of Little Sisters of the Poor, speaks to members of the media after attending a hearing in the 10th U.S. Circuit Court of Appeals, in Denver, Colo. (AP Photo/Brennan Linsley, file)

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Former Virginia Gov. Bob McDonnell waits in line as he arrives at the 4th Circuit Court of Appeals for a hearing on the appeal of his corruption conviction, in Richmond on May 12, 2015. (Associated Press) **FILE**

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Maureen McDonnell, wife of former Gov. Bob McDonnell, enters 4th U.S. Circuit Court of Appeals for arguments in her husband's public corruption case in downtown Richmond Va., on Tuesday, May 12, 2015. (Mark Gormus/Richmond Times-Dispatch via AP) ** FILE **

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The 9th U.S. Circuit Court of Appeals struck down a measure authored by Former Arizona state Sen. Russell Pearce, for using bail as punishment. (Associated Press)

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University of Michigan student Ebrie Benton, left, demonstrates outside the Federal courthouse, Wednesday, March 7, 2012, in Cincinnati, where the Sixth Circuit Court of Appeals was hearing oral arguments in their review of their ruling last summer that Proposal 2, the ban on affirmative action in Michigan, is unconstitutional. (AP Photo/Al Behrman)

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University of Michigan student Ebrie Benton, left, demonstrates outside the Federal courthouse, Wednesday, March 7, 2012, in Cincinnati, where the Sixth Circuit Court of Appeals was hearing oral arguments in their review of their ruling last summer that Proposal 2, the ban on affirmative action in Michigan, is unconstitutional. (AP Photo/Al Behrman)

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University of Michigan student Ebrie Benton, left, demonstrates outside the Federal courthouse, Wednesday, March 7, 2012, in Cincinnati, where the Sixth Circuit Court of Appeals was hearing oral arguments in their review of their ruling last summer that Proposal 2, the ban on affirmative action in Michigan, is unconstitutional. (AP Photo/Al Behrman)

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Sen. Chuck Grassley of Iowa, the ranking Republican on the Senate Judiciary Committee, defends the value of the filibuster on judicial nominees, saying Democrats are trying to pack the U.S. Circuit Court of Appeals for the D.C. Circuit. (Associated Press)

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FILE - In this Sept. 22, 2003 file photo, Judge Alex Kozinski, of the 9th U.S. Circuit Court of Appeals, gestures as Chief Judge Mary Schroeder looks on in San Francisco. A decision by a divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco on Wednesday, Feb. 16, 2014, reinstated a lawsuit filed against YouTube by an actress who appeared in an anti-Muslim film that sparked violence in many parts of the Middle East. The 9th Circuit said the YouTube posting infringed actress Cindy Lee Garcia's copyright to her role, and she, not just the filmmaker, could demand its removal. (AP Photo/Paul Sakuma, Pool, file)

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FILE - This Jan. 26, 2010 file photo shows former Gallatin County Sheriff Raymond Martin is transported to the Jackson County Courthouse in Murphysboro, Ill. On Thursday, Feb. 6, 2014, a three-judge panel with the Chicago-based 7th U.S. Circuit Court of Appeals upheld the life sentences of Martin, who was convicted in 2010 of on-the-job marijuana trafficking and his foiled plot to have witnesses against him killed. (AP Photo/The Southern, Steve Jahnke, File)

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FILE - In this Aug. 4 1958 file photo shows jduges of the Eighth U.S. Circuit Court of Appeals, from left, Martin D. Van Oosterhout, Orange City, Iowa; Harvey M. Johnsen, Hastings, Neb.; John B. Sanborn, St. Paul, Minn.; Chief Justice Archibald K. Gardner, Huron, S.D.; Joseph W. Woodrough, Omaha, Neb.; Charles J. Vogel, Fargo, N.D., and Martin C. Matthes of St. Louis. In a special summer session, the court heard arguments in an appeal from a federal court order postponing the 2 ½ years integration in the Little Rock, Ark., Central high school. Five decades and $1 billion after an infamous racial episode made Little Rock a symbol of school segregation, the legal fight to ensure all of its children receive equal access to education has ended. (AP Photo/JMH, File)