In his first decision, Alito went against the "grain" of Roberts, Scalia, and Thomas in an execution appeal. He was the deciding factor to stop the execution of Michael Taylor under the grounds that the lethal injection is "cruel and unusual punishment." Now, that is ridiculous - a pin prick? Cruel and unusual? Also note the gravity of the crime - Taylor kidnapped, raped, and killed a 15-yr old girl. He then admitted to the act.
Furthermore, the 10th amendment protects the rights of the states and carrying out executions.
In his defense, two other cases in Florida were just "stayed." That way, he can say that he is following other court decisions - it's a stretch but some can consider him upholding the Constitution.
Think about it... rape and murder vs. a pin prick? Tough one.
Thanks to Iowa Presidential Watch for the great politicartoon.