and well worth reading.
Here's the link
He takes a lot of the statements and questions from Kennedy to show how strongly the swing Justice seems inclined to overturn the portion of DOMA in question - and it is worth remembering that the only part argued was the Federal recognition of same sex marriages, not Section 2 which allows other states not to recognize same sex marriages from places like New England, Iowa, DC, and NY.
WHIle it is conceivable that 5 Justices could vote to overturn the entire law, given Kennedy's propensity to uphold states' rights, it is likely that any opinion he joins will ignore Section 2.
Anyhow, here are a couple of snips from Milbank:
After some Justices had discussed whether the case should be before them,
But Kennedy was having none of it. “It seems to me there’s injury here,” he said.
Then there is this:
And when the lawyer tried to argue that DOMA is justified because “an unelected state judiciary in Hawaii” is about to rule on same-sex marriage, Kennedy responded: “But your statute applies also to states where the voters have decided it.”
And finally this:
Late in the two-hour argument, Kennedy described what he called a “DOMA problem” — a violation of states’ authority. “The question is whether or not the federal government, under our federalism scheme, has the authority to regulate marriage.”
Kennedy left little doubt about what he thinks the answer is. When Solicitor General Donald Verrilli argued that DOMA violated the notion of equal protection under the law, Kennedy cut him off. “You are insisting that we get to a very fundamental question about equal protection,” he said, “but we don’t do that unless we assume the law is valid otherwise to begin with.”