There were actually two votes at the Court, both on procedural issues; one was 9-0, but one (on the State's motion to lift the stay of execution ordered by the lower court) was 6-3. Roberts, Thomas and Scalia voted to lift the stay, and the other 6 (including Alito) voted to let the lower court's stay remain in effect.
"There were actually two votes at the Court, both on procedural issues; one was 9-0, but one (on the State's motion to lift the stay of execution ordered by the lower court) was 6-3. Roberts, Thomas and Scalia voted to lift the stay, and the other 6 (including Alito) voted to let the lower court's stay remain in effect."
Thanks for clearing that up. I looked on the USSC website and couldn't find the case history. They hadn't updated it yet.
It doesn't bother me. Alito had been a USSCJ for less than a day. My guess is that he felt he hadn't reviewed the case thoroughly yet. In that light, his decision is to be commended.