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" Wittes worries that " the increasingly partisan nature of Senate votes on nominees " such as Roberts and Justice Samuel A. Alito Jr ., " probably imprints upon " newly seated justices " a stronger partisan identity than they had prior to nomination . The project contains a random sample of about 30 cases for each circuit for every year from 1925 to 1996 . In 1999 a North Korean torpedo boat was sunk by a South Korean vessel in South Korean waters following a gun battle , and another deadly naval confrontation following a North Korean incursion in 2002 . " Their attitude seems to be ' Hey , you have to - - everybody else does it . Feudal glorification of the warrior and belief in the unique virtues of Japan 's Imperial Way combined with the expansive drives of modern industrialism to produce a vigorous imperialism . 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 . For their part , consumer and anti-smoking groups hope that the court will rule against Philip Morris - - and show thatpunitive-damage limits do not apply to especially reprehensible conduct.By the end of oral arguments yesterday , however , it seemed that the court was reluctant to rule broadly in either direction.Instead , several members of the court , including some who had supported its recent limits on punitive damages , suggested that the best way to handle the case would be to send it back to the Oregon Supreme Court for clarification of technical state law issues . But his case is not moot , because if he wins , he would be permitted to seek a cancellation of his deportation order and return legally to the United States.Lopez 's attorney , Robert A. Long Jr ., told the court that the administration 's position would undermine the uniformity of national immigration rules , because " what it is arguing is that states can banish noncitizens and can do so by enacting drug laws deciding to make a simple possession offense a felony . " Part of the perception that justices are speaking out more can be attributed to the vitality of blogs and other publications by lawyers , professors and others that take note of almost any utterance from a justice and provide instant analysis.Some things do n't change . The conservative push on social issues is just what Democrats and liberals , concerned about the future of Roe v. Wade , the 1973 case that recognized a right to abortion , warned against during confirmation hearings for the two Bush appointees now on the court - - Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr.In response , Roberts and Alito pledged to take due account of stare decisis , the rule that says the court should avoid overruling past decisions.So this term will be closely watched not only for the results the court reaches , but for how it reaches them . " This is not the first operation we carry out , " Delaema says on the tape , according to prosecutors . His research shows former Justices Byron R. White and Harry A. Blackmun , who left the court in 1993 and 1994 , respectively , were much more likely to grant certiorari - - or " cert " - - than their contemporaries.He said his studies of Blackmun 's papers , which detail cert grants , suggest that the downward trend could continue if Justice John Paul Stevens , 86 , is the next to leave . Kester said yesterday , however , that the quarterly payments cause " major injury " to MedImmune.The case is MedImmune v. Genentech , No. 05-608 . " With new House Speaker Nancy Pelosi ( Calif. ) sitting behind him in a vivid sign of the power shift on Capitol Hill , Bush congratulated Democrats on their victory in the November elections and paid tribute to the first woman to serve in the nation 's third-highest office .