If you think like a libertarian, then Kennedy makes sense. I'm worried about Scalia.
RE: I’m worried about Scalia.
I am quite sure that Scalia will vote to uphold the 11th circuit’s decision. As will Thomas, Alito and Roberts.
I am also sure that Ginsberg, Breyer, Kagan and Sotomayor will vote against the 11th circuit’s decision.
Kennedy is the unpredictable one ( as usual ).
If Kagan had any ounce of decency, she should recuse herself. She had a hand in crafting the defense of Obamacare before she was appointed to the SCOTUS.