… And anyone who tells you differently is trying to impress you.
A good friend who clerked for both Alito (when an appeals judge) and Chief Roberts (his first year on the SCOTUS) and his father who is a prominent conservative law school dean and Ambassador agree: it’s too close to call. (Not namedropping here, just establishing the sources as being “familiar with the thinking…” Quite the resumes on those two.) Unless something substantially weird happens during the Court’s deliberations, they’re not going to kick it out on procedural grounds. As for the main issue, it comes down to whether Roberts or Kennedy buys the argument that you’re born into the health care market.
Said my friend, “I honestly don’t know what Roberts will do, but it seems likely he’ll write the decision.” The Chief is, among many thing, a man with a sense of the moment.