Scalia evidently doesn’t put much stock in the ol’ Kennedy disclaimers found in the Lawrence or DOMA cases.
I sometimes wonder why Scalia does this. He’s a brilliant guy (Scalia), so there’s an angle.
But the warnings from Scalia in his DOMA dissent have been used as a roadmap by the homos going forward from there.
Is he trying to elevate the awareness of Kennedy’s disclaimer to put pressure on him to prove Scalia wrong? If so then it makes sense.
But if it has the opposite effect then I really don’t get it.
That said, Scalia has been on the high court since I was in the third grade so I’ll defer to his understanding of Kennedy and how to get his vote.