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FILE -- Justice Brett Kavanaugh testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Sept. 27, 2018. The Supreme Court heard arguments on Nov. 6 in an appeal from a death row inmate in Missouri with a rare medical condition that he says will cause excruciating pain if he is put to death by lethal injection. (Gabriella Demczuk/The New York Times)

FILE -- Justice Brett Kavanaugh testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Sept. 27, 2018. The Supreme Court heard arguments on Nov. 6 in an appeal from a death row inmate in Missouri with a rare medical condition that he says will cause excruciating pain if he is put to death by lethal injection. (Gabriella Demczuk/The New York Times)