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Hugo Black (D) was a United States senator. During his last term in the Senate, Congress passed a law permitting United States Supreme Court judges to receive a full pension upon retirement. After the pay increase, the Senate approved the appointment of D to the Supreme Court. Levitt (P) filed a motion with the Supreme Court, seeking D to show cause why he should be permitted to serve as an Associate Justice of the United States Supreme Court and his appointment did not violate Article I, Section 6, Clause 2, of the Constitution.

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