 The Supreme Court affirmed in 2010.In "United States v. Fisher" (2007), Hardiman ruled that a judge could find facts to enhance a criminal sentence according to the preponderance of the evidence standard of proof.In "Busch v. Marple Newtown School District" (2008), Hardiman wrote a dissenting opinion in favor of parents who described themselves as Evangelical Christians and were barred from reading from the Bible during a kindergarten "show and tell" presentation.