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Affirmative Action Co_Live.jpg

**FILE** Demonstrators protest Feb. 13, 2012, outside of the U.S. 9th Circuit Court of Appeals after a panel heard oral arguments in San Francisco in a lawsuit seeking to overturn Proposition 209, which barred racial, ethnic or gender preferences in public education, employment and contracting. (Associated Press)

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Judge Robert E. Bacharach was nominated by President Obama for a seat on the 10th Circuit Court of Appeals. Votes to break a Republican-led filibuster in the Senate fell short of the 60 required. (Associated Press)

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20120730-220623-pic-949856752.jpg

Judge Robert E. Bacharach was nominated by President Obama for a seat on the 10th Circuit Court of Appeals. Votes to break a Republican-led filibuster in the Senate fell short of the 60 required. (Associated Press)

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20120515-205422-pic-577443571_mugshot_four_by_three.jpg

Maryland Delegate Curtis S. Anderson (center) joins demonstrators at the State House in Annapolis on Tuesday in protesting the Court of Appeals of Maryland's opinion last month declaring pit bulls and pit bull mixes "inherently dangerous." (Rod Lamkey Jr./The Washington Times)

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20120515-205422-pic-577443571.jpg

Maryland Delegate Curtis S. Anderson (center) joins demonstrators at the State House in Annapolis on Tuesday in protesting the Court of Appeals of Maryland's opinion last month declaring pit bulls and pit bull mixes "inherently dangerous." (Rod Lamkey Jr./The Washington Times)

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NY Free Legal Help_Star(1)_mugshot_four_by_three.jpg

Chief Judge Jonathan Lippman speaks during a Law Day ceremony at the Court of Appeals in Albany, N.Y., on Tuesday, May 1, 2012. (AP Photo/Mike Groll)

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NY Free Legal Help_Star(1).jpg

Chief Judge Jonathan Lippman speaks during a Law Day ceremony at the Court of Appeals in Albany, N.Y., on Tuesday, May 1, 2012. (AP Photo/Mike Groll)

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20120502-195149-pic-106408613_mugshot_four_by_three.jpg

John Yoo, the former Justice lawyer who wrote the so-called "torture memos," is protected from lawsuits, the 9th U.S. Circuit Court of Appeals ruled. (Associated Press)

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20120502-195149-pic-106408613.jpg

John Yoo, the former Justice lawyer who wrote the so-called "torture memos," is protected from lawsuits, the 9th U.S. Circuit Court of Appeals ruled. (Associated Press)

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20120501-213800-pic-240080701_mugshot_four_by_three.jpg

Fifth U.S. Circuit Court of Appeals Judge Jerry Smith granted Texas a stay Tuesday lifting a lower court's order on funding of Planned Parenthood. (Associated Press)

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Fifth U.S. Circuit Court of Appeals Judge Jerry Smith granted Texas a stay Tuesday lifting a lower court's order on funding of Planned Parenthood. (Associated Press)

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Michigan Affirmative _Live.jpg

**FILE** Students demonstrate outside the Federal Courthouse on March 7, 2012, in Cincinnati, where the Sixth Circuit Court of Appeals was hearing oral arguments in their review of their 2011 ruling that Proposal 2, the ban on affirmative action in Michigan, is unconstitutional. (Associated Press)

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BALD EAGLES RELIGION_Lea(1).jpg

** FILE ** Winslow Friday, a Northern Arapaho tribal member who admitted killing a bald eagle in 2005 for use in a religious ceremony, makes his way into the 10th U.S. Circuit Court of Appeals at the U.S. Courthouse in Denver in December 2007. (AP Photo/Bill Ross, File)

NCAA Lawsuits Footbal_Star.jpg

NCAA Lawsuits Footbal_Star.jpg

In this Sept. 11, 2007 file photo, Nebraska quarterback Sam Keller takes a question during a news conference in Lincoln, Neb. On Tuesday, Feb. 15, 2011, Keller will be in Pasadena, Calif., to watch his team of lawyers urge the 9th U.S. Circuit Court of Appeals to uphold a trial judge’s decision that EA and the NCAA appear to owe the former Cornhusker and, by the extension, thousands of other former players millions of dollars for using their images in the video game. (AP Photo/Nati Harnik, File)

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Gay Marriage Trial_Lea.jpg

** FILE ** Jeffrey Zarrillo (left) and Paul Katami, plaintiffs in the Proposition 8 gay-marriage case, are seen outside the federal courthouse before a hearing in the 9th U.S. Circuit Court of Appeals on Monday, Dec. 6, 2010, in San Francisco. (AP Photo/Jeff Chiu)

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Boeing CIA Lawsuit_Thir.jpg

A woman waits to get into the 9th U.S. Circuit Court of Appeals building in San Francisco, in this Sept. 22, 2003 file photo. A sharply divided 9th U.S. Circuit Court of Appeals Wednesday, Sept. 8, 2010, threw out a lawsuit that challenged Boeing Co.'s role flying terrorism suspects to secret prisons and raised questions about the government's ability to quash lawsuits when state secrets are involved. (AP Photo/Paul Sakuma, File)