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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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Mark Rosenbaum, center, of the American Civil Liberties Union, speaks to reporters after arguing their case before the Supreme Court in Washington, Tuesday, Oct. 15, 2013. The high court is considering a case centered around a 2006 Michigan vote that approved a ballot initiative amending the state's constitution to ban affirmative action programs in higher education. (AP Photo/Susan Walsh)