We may find out why

Bush chose Alito and Roberts for the Supreme Court. There is no question they are pro-life, but the knock on them may be that they are pro-establishment. We may find out as the Supreme court weighs Bush's Guantanamo tribunals.

Interestingly enough, Roberts has "excused himself because he was previously on a U.S. appeals court panel that ruled against Hamdan."

That may tip the court against the establishment in this case.