Oral argument postscript: It's all down to Kennedy

If Justice Anthony M. Kennedy can locate a limiting principle in the federal government’s defense of the new individual health insurance mandate, or can think of one on his own, the mandate may well survive. If he does, he may take Chief Justice John G. Roberts, Jr., along with him. But if he does not, the mandate is gone. That is where Tuesday’s argument wound up — with Kennedy, after first displaying a very deep skepticism, leaving the impression that he might yet be the mandate’s savior…

[A]fter two arguments by lawyers for the challengers — forceful and creative though they were — at least doubt had set in. [A]nd expecting the demise of the mandate seemed decidedly premature.