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To fight back , Attorney General Terry Goddard employed a controversial technique known as a damming warrant to seize $ 17 million in money transfers into hundreds of Western Union locations in Arizona , prosecute scores of immigrant smugglers and deport hundreds of people in a program he marvels at because of its " elegant simplicity . " 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 . 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 . " 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 . During his 15 years as a judge on the U.S. Court of Appeals for the 3rd Circuit , Samuel A. Alito Jr. helped to decide 221 cases on which the court 's opinion was divided . " So a bald assessment of that is that it 's a big fat challenge . " The court has recognized for a century that in that area , when national banks have powers , including incidental powers recognized by the comptroller , they generally preempt any state law , " said Robert A. Long Jr ., who represents Wachovia , but whose case is supported by the entire banking industry.Roberts said it seemed that banks wanted to be viewed as federally governed on regulation issues but state-based to shelter themselves from liability issues . It will be the second full term for Chief Justice John G. Roberts Jr ., who succeeded the late William H. Rehnquist , and the first full term for Justice Samuel A. Alito Jr ., who replaced the more moderate Sandra Day O'Connor . " Stevens presumably was referring to the growing conservatism of Republican appointees to the court . The term " partial birth abortion " is preferred by opponents of the procedure.The ban does not apply when a woman 's life is at risk , but Congress made no exception to preserve a woman 's health . For Bryn Mawr correspondence , refer to Box 8 , Folder 1 of the miscellaneous personal and Bryn Mawr materials . But during last week 's State of the Union address Bush finally referred to global warming as an established fact . " 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 . He was indefatigable and had a high tolerance for pain . " Roberts good-naturedly referred to the lack of anticipation of the report , saying he 'd once asked Rehnquist why he released it on New Year 's Day . And its reports must be unanimous , approved by 154 governments _ including the United States and oil-rich countries such as Saudi Arabia.Pachauri said the report would make " significant advances " over the 2001 report , addressing gaps in that document , reducing uncertainties and adding new knowledge about past changes in climate.As the panel meets , awareness of the consequences of climate change is growing.Last week , President Bush referred to global warming as an established fact , after years of arguing that not enough was known about its causes to do anything about it.Indonesia 's environment minister warned Monday that rising sea levels could inundate some 2,000 of his country 's more than 18,000 islands by 2030.And new data released Monday by the U.N. Environment Program said 30 reference glaciers lost about 2.2 feet in thickness on average in 2005 , for a total loss of 34.6 feet on average since 1980.Activists want to ensure that consumers and governments do n't sit and wait for the world to get warmer.Just a few hundred yards from the conference at UNESCO headquarters , Greenpeace activists strung a banner across the Eiffel Tower to urge swifter action against global warming , reading " It 's Not Too Late .