On the other hand, it's great to see Kennedy deferring at long freaking last--and if only temporarily--to the power of Congress to make these decisions.
Any 4 Justices participating the the cert pool in favor of Certiorari will result in a grant of the Petition. There is no reason to think Kennedy was involved or not involved.
Here is the rule:
Rule 11. Certiorari to a United States Court of Appeals before Judgment
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).
Denial of cert. decided nothing.