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FILE - In this July 15, 2016 file photo, traffic is backed up both going up and down the Mount Evans Scenic Byway just below the summit of Mount Evans near Idaho Springs, Colo. In a 2011 case, Supreme Court nominee Neil Gorsuch was on a panel that found that the U.S. Forest Service could legally charge fees to visit the summit because it provided amenities like a nature center, which thousands of visitors use annually. The people who filed the lawsuit had argued that they should not have to pay to visit Mount Evans if they don’t use those services. Writing for the panel, Gorsuch said the fees were permissible, but left open the possibility that the fees could be challenged, just not the way the plaintiffs sought to. (AP Photo/David Zalubowski)

FILE - In this July 15, 2016 file photo, traffic is backed up both going up and down the Mount Evans Scenic Byway just below the summit of Mount Evans near Idaho Springs, Colo. In a 2011 case, Supreme Court nominee Neil Gorsuch was on a panel that found that the U.S. Forest Service could legally charge fees to visit the summit because it provided amenities like a nature center, which thousands of visitors use annually. The people who filed the lawsuit had argued that they should not have to pay to visit Mount Evans if they don’t use those services. Writing for the panel, Gorsuch said the fees were permissible, but left open the possibility that the fees could be challenged, just not the way the plaintiffs sought to. (AP Photo/David Zalubowski)

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