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It did not permit any other exception , however , based on its finding that none could be medically justified.If the court wants to uphold the federal law without overruling a precedent that is only six years old , it could say that it is bound by Congress 's factual findings , which distinguish the federal law from the Nebraska one.That is the course urged by the Bush administration in its brief , which speaks of " the long-standing principle that Congress is better equipped than courts to make factual findings that inform the constitutionality of federal statutes . The newest justice , Samuel A. Alito Jr ., wrote a dissent that was joined by Stephen G. Breyer and Anthony M. Kennedy , who also filed a separate dissent.Roberts 's decision to join the majority is especially important , according to Marquette University law professor Michael O'Hear and others who follow criminal justice issues ; his predecessor , William H. Rehnquist , was on the other side . The small harm done to a few students who do not get their first choice of schools , Louisville argued in its brief , is outweighed by the value of an integrated school system that " significantly advances the goal of teaching students how to participate in a democracy that has formed a single society out of many diverse people . " The ultimate decision is likely to be one of the most defining of the court headed by the new chief justice , John G. Roberts Jr ., and a powerful statement about where the nation stands more than 50 years after Brown v. Board of Education demanded an end to segregated schools.The court , encouraged by the Bush administration , has grown increasingly distrustful of racial classifications , and it reached out to take up the cases challenging schools in Seattle and Louisville even though appeals courts had upheld them as constitutional.Because of the stakes , the day at the court took on a feeling of great import - - there were demonstrations on the plaza out front , some people camped overnight in freezing temperatures to secure a spot in the courtroom , and the lines for members of the bar began forming before dawn . " In his flier , Botwin says that the center would threaten long-range plans to attract high-tech jobs and more housing to the area.Council member Phil Andrews ( D-Gaithersburg-Rockville ) disagreed . " It is criminally disingenuous of the government to say it relies on traditional justice , because its policies have destroyed that system , " Baldo said by telephone.He said the Sudanese judiciary was only going after " foot soldiers " in Darfur , and has shown no sign of investigating the " highest circles of power . " You know , it 's like saying everybody can have a meal but only people with separate skin can get the dessert , " he said.In the cases at issue - - Parents Involved in Community Schools Inc. v. Seattle School District and Meredith v. Jefferson County ( Ky. ) Board of Education - - both systems offer parents and students a choice of schools , partly to achieve a level of integration that would n't otherwise be possible because of racially segregated housing patterns . " If you look at all the briefs , they are all written to Justice Kennedy , " said Benjamin W. Bull , chief counsel of the Alliance Defense Fund , an antiabortion legal organization.Solicitor General Paul D. Clement quotes Kennedy 's Stenberg dissent 22 times in his briefs defending the federal law , which was adopted by a wide margin in Congress and signed by Bush in 2003.Bush 's conservative appointees , Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr ., have thin track records on abortion , and some court-watchers say they may not be sure to vote to support the ban.As chief justice , Roberts might have institutional concerns if the court appears to abandon a major abortion ruling that has been on the books for only six years . Aptima is also working on a long-term defense project with engineering students at George Mason.The grant not only helps government agencies but also equips college students with valuable experience they can take to several government contracting firms after graduation , Paley said . In his first major case dealing with the constitutionality of prison terms , Chief Justice John Roberts joined Ginsburg 's majority opinion.By contrast , the other new justice , former federal prosecutor Samuel Alito , issued a strong dissent .