Don’t think it will be 5-4. I think both Roberts and Kennedy will both decide it was a “typo” despite the fact that it was put there deliberately.
Yep, I bet you are right. They will decide it was a typo, or that references to the state really mean the federal government taking actions.
One frustrating aspect of Obamacare, is that many parts of it refer to regulations to be issued by the Secretary of Health and Human Services. Meaning some big parts of the bill are a shell, to be filled in at the whim of bureaucrats.