Reading new Justice tea leaves

Over at FindLaw, Edward Lazarus has this commentary entitled “What Kind of Justice Will Samuel Alito Be? A Recent Death Penalty Decision Provides Some Insights.”  In addition to discussing Justice Alito’s recent work for the Court in Holmes (background here), this commentary explores what might make Justices Alito and Roberts tick. Here’s the introduction:

As the Supreme Court moves into the climactic months of the current Term, all eyes are focused on the impact of the new Justices, John Roberts and Samuel Alito, on the Court’s political balance and its approach to cases.  The signs so far have been rather confusing — as I explain. It’s already clear that, in a number of ways, both Roberts and Alito are likely to defy predictions.

In this column, I’ll briefly explain why Roberts has defied expectations, even in the short time he’s been on the Court — and I’ll analyze a recent, important Court decision penned by Alito to examine what kind of Justice he may turn out to be.