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"There are only 4 conservative justices. We’re relying on Kennedy to determine the validity of the US Constitution here."

Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the "swing vote" on many of the Court's politically charged 5–4 decisions.[2][3][4]
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During Kennedy's time as a California law professor and attorney, he helped California Governor Ronald Reagan draft a state tax proposal.[6]
Kennedy has served in numerous positions during his career, including the California Army National Guard in 1961 and the board of the Federal Judicial Center from 1987 to 1988. He also served on two committees of the Judicial Conference of the United States: the Advisory Panel on Financial Disclosure Reports and Judicial Activities (subsequently renamed the Advisory Committee on Codes of Conduct) from 1979 to 1987, and the Committee on Pacific Territories from 1979 to 1990, which he chaired from 1982 to 1990.
On March 3, 1975, upon Reagan's recommendation,[6] President Gerald Ford nominated Kennedy to the seat on the United States Court of Appeals for the Ninth Circuit that had been vacated by Charles Merton Merrill. Kennedy was unanimously confirmed by the United States Senate on March 20, 1975, and received his commission on March 24, 1975.
Kennedy said about Griswold v. Connecticut (a privacy case regarding contraceptives), "I really think I would like to draw the line and not talk about the Griswold case so far as its reasoning or its result."[13] He also discussed "a zone of liberty, a zone of protection, a line that's drawn where the individual can tell the Government, 'Beyond this line you may not go.'"[14][15]
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Though appointed by a Republican president, Kennedy is not easily pigeonholed ideologically. He has tended to look at cases individually instead of deciding upon them on the basis of some rigid ideology.[6] As Kennedy said at a reunion of his law clerks, "We always tried to get it right." Georgetown University Law Center professor Randy Barnett has described Kennedy's jurisprudence as "libertarian,"[17] although other legal scholars have disagreed.[18]
Kennedy and Sandra Day O'Connor have been swing votes in many 5-4 and 6-3 decisions on the Rehnquist and Roberts courts. On issues of religion, he holds to a less separationist reading of the Establishment Clause than did O'Connor, favoring a "Coercion Test" that he detailed in County of Allegheny v. ACLU.[19]
Kennedy has supported adding substance to the "liberty" interest protected by the Due Process Clause of the Fourteenth Amendment, which means he supports a constitutional right to abortion in principle, though he has voted to uphold several restrictions on that right, including laws to prohibit partial-birth abortions. He is "tough on crime" and opposes creating constitutional restrictions on the police, especially in Fourth Amendment cases involving searches for illegal drugs, although there are some exceptions, such as his concurrence in Ferguson v. City of Charleston. He also takes a very broad view of constitutional protection for speech under the First Amendment,[citation needed] invalidating a congressional law prohibiting "virtual" child pornography in the 2002 decision, Ashcroft v. ACLU.[20]
Kennedy has joined with Court majorities in decisions favoring states' rights and invalidating federal and state affirmative action programs. He ruled with the majority on Equal Protection grounds in the controversial 2000 Bush v. Gore case that halted continuing recounts in the 2000 presidential election and ended the legal challenge to the election of President George Bush.
Analysis of Supreme Court tenure
Kennedy has reliably issued conservative rulings during most of his tenure, having voted with William Rehnquist as often as any other justice from 1992 to the end of the Rehnquist Court in 2005.[40] In his first term on the court, Kennedy voted with Rehnquist 92 percent of the time—more than any other justice.[41]
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On the Roberts Court, Kennedy often decides the outcome of a case. In the 2008–2009 term, he was in the majority 92 percent of the time. In the 23 decisions in which the justices split 5-to-4, Kennedy was in the majority in all but five. Of those 23 decisions, 16 were strictly along ideological lines, and Kennedy joined the conservative wing of the court 11 times; the liberals, 5.[44]

I think, in this case, Kennedy will see the vast overeach by the Fed's that removes "individual liberty" with such a mandate.