[lemma=ready | tag=RB] [!tag=TO | tag=□]
[lemma=ready | tag=RB] [!tag=TO | tag=VBG]
[lemma=ready | tag=RB] [!tag=TO | tag=RB]
That 's far more than the average American worker makes , but Roberts argued that while worker wages have increased nearly 18 percent in real terms since 1969 , federal judicial pay has declined nearly 24 percent . " This court has repeatedly held that , under the Sixth Amendment , any fact that exposes a defendant to a greater potential sentence must be found by the jury , not a judge , and established beyond a reasonable doubt , not merely by a preponderance of the evidence , " Justice Ruth Bader Ginsburg wrote for the majority.It was a majority that gives credence to the justices ' often-made complaint about attempts to peg them as either liberal or conservative.The prevailing side in Cunningham v. California consisted of Ginsburg , Clarence Thomas , Antonin Scalia , John Paul Stevens and Chief Justice John G. Roberts Jr. " The right-to-life folks have not seen their concern addressed in years , so this gives them hope there is still some interest in this issue , " Marshall said . " Their lives have been shattered in ways that most Americans are fortunate to have never experienced . " This court has repeatedly held that , under the Sixth Amendment , any fact that exposes a defendant to a greater potential sentence must be found by the jury , not a judge , and established beyond a reasonable doubt , not merely by a preponderance of the evidence , " Justice Ruth Bader Ginsburg wrote for the court.The majority was one vote larger than the 5-4 rulings that have been the norm in sentencing cases . " She acknowledged , however , that the justices probably could have done a better job with the opinion if they had n't been rushed.Still , O'Connor said the outcome of the election would have been the same even if the court had not intervened.She was referring to studies that suggest Bush would have won a recount limited to counties that Gore initially contested , although other studies said Gore might have prevailed in a statewide recount .