I would be shocked if Kennedy voted to uphold it. We’ll look at two decisions of his. The one on the death penalty for those under 18 and his abortion decisions. In both areas he leans liberal.
However, it is also objectively true that both are decisions in theory that favor individual rights and more often than not thats where Kennedy finds himself.
And I don’t even view him as the deciding vote. I honestly think it would be a decision where you would have conservatives and a liberal on one side and liberals and conservatives on the other side, or very possibly a break even.
It’s a law that pisses off both core wings of the ideological spectrum. The left dislikes it because it merges government compulsion with private industry. The right dislikes it for personal freedom.
I could see it being struck down 6-3.
Kennedy was in the majority in Lopez...huge case. So, hopefully you are right. I PRAY you are right....