He attempts to prove it, Kennedy destroyed it and gave examples of it. Scalia is wrong, like usual. It is not the majority that tried to get around it, it is the minority.
Would the gov't be injured? yes. It would have to pay money if the rule came against them. Did they appeal? yes. Therefore standing established.
Even if that wasn't enough, which it is, Kennedy demonstrates there are extraordinary circumstances that the SCOTUS laid precedence to intervening anyway and explained why this would be one of them.
Scalia whined like a petulant child today. Even read his whole damn dissent for all to hear. He's an archaic hypocrite. He can eat a bag of dicks, which he given his homophobia, he probably does.