That kind of analysis is just silly. Not only are there 8 other justices who can vote however they want, there was a Congress and a President that had to approve this before it became law. And there were voters who had to elect them. Just because Kennedy might be the LAST person to cast his vote, doesn't mean that any one of the previous deciders, right down to Snarlin' Arlen himself, couldn't also have stopped it when their name was called.
Good points, all.