In this April 19, 2007 file photo, Supreme Court Justice Samuel Alito testifies on Capitol Hill in Washington. The Supreme Court on Wednesday, June 25, 2008, outlawed executions of people convicted of raping a child. (AP Photo/Lauren Victoria Burke, File)

Supreme Court Justice Samuel Alito, right, shares a laugh with fellow Justice Stephen Breyer prior to President Bush's State of the Union address on Capitol Hill in Washington in this Jan. 31, 2006 file photo. The 69-year-old Breyer is the court's most frequent practitioner of the hypothetical question, a conjurer of images that are unusual and occasionally bizarre. (AP Photo/Evan Vucci, File)