Scouts blog has a different take on today’s arguments. Kennedy explored both sides of the issue and seemed to find merit in some of the governments arguments.
I read it as saving face. The entirety of his questioning fits more strongly within a 5-4 Roberts (or possibly passed to Alito) majority decision to overturn, at least in part per individual mandate.
Pretty much every analysis today I’ve seen or heard has confirmed what this article is stating including Jay Sekulow whom I respect very much.
What is “Scouts blog” and why should I care about their outlier position?
“Scouts blog has a different take on today’s arguments. Kennedy explored both sides of the issue and seemed to find merit in some of the governments arguments”
If you read the transcript it would appear that way. But if you go back and listen to the argument, Kennedy was actually being caustic in his questioning at the point in the written transcript where he appeared to be sympathetic to the government’s position.