It sure sounded as if the only vote in play is that of Anthony Kennedy. I thought the Chief Justice might well vote to uphold the mandate, in large measure based on his calculation of the long-term interests of the Court as an institution. There was no indication of that today. Roberts seemed decidedly to favor the challengers. So did Justice Kennedy, but less so. And he also expressed some problems with the challengers' arguments. I think it is fair to say--based on what we know--that the whole thing rides on Kennedy's vote.
Again, he seemed to be leaning against the Act's constitutionality. But there was enough ambiguity in his signals that we can hardly be certain.
