[Sandy]

Does this mean that the judges count noses on the possible outcome before the elect to hear one of these cases? If so, then Kennedy is saying that the addition of either Alito or Roberts (or both) NOW makes this worth hearing.

It's just a stay. They're not hearing the case.

[dangus]

No, but they ARE interfering in what is as yet an issue for the 9th circuit. Given that they almost ALWAYS strike down 9th-circuit rulings, stepping into the case says to the judges of the 9th: "We're watching you. Do the right thing."