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FILE - This Oct. 13, 2013 file photo shows Supreme Court Justice Anthony Kennedy speaking at the University of Pennsylvania law school in Philadelphia. The Supreme Court on Tuesday upheld Michigan's ban on using race as a factor in college admissions. The justices said in a 6-2 ruling that Michigan voters had the right to change their state constitution to prohibit public colleges and universities from taking account of race in admissions decisions. The justices said that a lower federal court was wrong to set aside the change as discriminatory. Kennedy said voters chose to eliminate racial preferences because they deemed them unwise. (AP Photo/Matt Slocum, File)

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FILE - This Sept. 19, 2013 file photo shows Supreme Court Justice Sonia Sotomayor speaking at the University of Delaware in Newark, Del. The Supreme Court on Tuesday upheld Michigan's ban on using race as a factor in college admissions. The justices said in a 6-2 ruling that Michigan voters had the right to change their state constitution to prohibit public colleges and universities from taking account of race in admissions decisions. The justices said that a lower federal court was wrong to set aside the change as discriminatory. In dissent, Sotomayor said the decision tramples on the rights of minorities, even though the amendment was adopted democratically. “But without checks, democratically approved legislation can oppress minority groups,” said Sotomayor, who read her dissent aloud in the courtroom Tuesday. (AP Photo/Patrick Semansky, File)

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FILE - This Sept. 19, 2013 file photo shows Supreme Court Justice Sonia Sotomayor speaking at the University of Delaware in Newark, Del. The Supreme Court on Tuesday upheld Michigan's ban on using race as a factor in college admissions. The justices said in a 6-2 ruling that Michigan voters had the right to change their state constitution to prohibit public colleges and universities from taking account of race in admissions decisions. The justices said that a lower federal court was wrong to set aside the change as discriminatory. In dissent, Sotomayor said the decision tramples on the rights of minorities, even though the amendment was adopted democratically. “But without checks, democratically approved legislation can oppress minority groups,” said Sotomayor, who read her dissent aloud in the courtroom Tuesday. (AP Photo/Patrick Semansky, File)

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FILE - In this Sept, 10, 2009, file photo,Von Clark Davis, left, with his attorney Melynda Cook-Reich stand before a three-judge panel in Hamilton, Ohio, that sentenced him to return to Ohio's Death Row. The Ohio Supreme Court has upheld the death sentence of Davis who fatally shot his girlfriend three decades ago while on parole for killing his wife. (AP Photo/Hamilton Journal News, Nick Daggy, File) MAGS OUT