Alito key to KS death penalty?

Kline: Alito likely to be key in death penalty case | LJWorld.com:

Atty. Gen. Phill Kline said Thursday he may need U.S. Supreme Court nominee Samuel Alito on the court to successfully defend the Kansas death penalty.

“Quite honestly we are arguing to try to survive another day,” Kline said.

Kline will defend the state’s death penalty statute before the U.S. Supreme Court on Wednesday.

Alito won't be on the court Wednesday. What Kline is saying is that he sees a tied court in his future, or even a 5-4 loss if they rule while O'Connor is on the bench.

Guess he doesn't feel so good about his preparation.