Substitute Steed Malbranque's strike was beaten away by the over-worked - if not entirely convincing - Kingson, and the keeper also did well to keep out Henderson's 18-yard strike.

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But here too, the powerful legacy of that strike is being frittered away in this new era of engagement.

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Jones Day attorney Michael Carvin, representing the the National Federation of Independent Business, tried to appeal to Kennedy by comparing what the law does to individuals with federal laws Kennedy has voted to strike down that took away powers that belong to the states.

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