With the arguments from both sides of the Obamacare challenge in the Supreme Court now concluded, experts are speculating on how the Court will ultimately decide the fate of the president’s signature accomplishment.
Analysts admit that extreme bias and/or questions and challenges by a majority of the justices on the Court made clear how they will vote in the landmark case. But two of the justices hang in the balance: Justices John Roberts and Anthony Kennedy.
Chief Justice Roberts made very few remarks during the proceedings, which left a question mark on how he may be leaning in the case. But some have pointed to the criticism over his having cast the deciding vote in the previous Obamacare case as a hint that he may use this case as an opportunity to redeem himself.
Justice Kennedy, however, engaged in a great deal of back and forth with attorneys in the hearing, exchanges which are being construed in a number of ways. But what most agree on is that, barring a surprise vote, attorneys for the Obama administration need both Kennedy and Roberts to vote in their favor to prevent the death of the law.
If only one of them votes in favor of the plaintiffs, Obamacare will effectively end, and the scrambling to approve an alternative health care construct will ensue.