In the absence of Justice Antonin Scalia, a new Supreme Court is emerging. With the High Court down to eight justices and split evenly between liberals and conservatives, Justices Samuel Alito and Clarence Thomas appear to cementing a conservative alliance.

Alito and Thomas jointly dissented from decisions supported by rest of the court on Monday — not once but three times. They both dissented from a majority decision that overturned a murder conviction and from one that denied the appeal of a conservative group whose first amendment rights may have been violated. The two also agreed that a recent decision against mandatory life sentences for juvenile murderers should face new hearings

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That Scalia’s death would have an impact on the court was obvious — confirmed by Thomas’s unexpected verbal outburst at the end of February, the first time in a decade the justice had asked a question in court.

But with the emergence of an Alito-Thomas alliance, the picture of the new court becomes clearer. With Scalia on the court, 5-4 decisions in favor of the conservative position were common, with three right-wing stalwarts in Scalia, Thomas, and Alito, and the more moderate Justices Anthony Kennedy and John Roberts, on the bench.

Now, however, there are only eight justices on a court divided evenly between conservatives and liberals. This, of course, increases the likelihood of split 4-4 decisions. If that occurs, the decision made by the last court to have looked at the case before the Supreme Court stands.

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This new reality, which could last over a year given the Senate’s vow to block any nominee put forward by President Obama until after the election, increases the chances of an ideologically polarized court and leaves little room for maneuver. Worse still, as strong conservatives have gone from making up a third of the court to now only a quarter, it increases the chances of liberal victories being handed down from the bench.

While there have been no major decisions or cases since Scalia’s death mid February, there are a host of controversial issues on the docket expected to be decided by June. The court will decide cases involving affirmative action, immigration policy, religious freedom, and voter ID laws.

There is a very real possibility that the more moderate Justices Roberts and Kennedy could side with the liberal justices on those cases. Not only do their voting records suggest they are more inclined to agree with their liberal colleagues, but an eight-justice court and the increased likelihood of deadlock may only increase their desire to do so.

The burgeoning active alliance between Justices Alito and Thomas suggests that the two are preparing for just such a possibility, and getting ready to resist it.