Any number of analyses show Kennedy voting in the majority in more than 90 percent of cases, more than any other justice. He votes mostly with the conservative bloc. Frequently, he is the pivot around which the four other conservative justices swing, often writing the majority opinion in 5-4 decisions.

Kennedy, 72, is a Roman Catholic, like all the other conservative justices on the high court.

So assuming the injunction survives argument in the 9th Circuit, will it be shot down in flames by the Supreme Court?

Judging by the past, maybe not.