Did Scalia Hide Hint that Justice Kennedy was PAID for the 5th Vote in footnote?

Supreme Court Decides Whether Of Not To Review Challenge Of California's Prop 8

Did Justice Scalia hide a hint that Kennedy was paid for the 5th vote in today’s gay marriage ruling?
Via Free Republic
From Scalia’s dissent on court conducting a putsch to overthrow the country:

“22 If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began:
“The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,”
I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.

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