In particular, professors said Kennedy’s line of questioning suggests that he could vote to uphold the ACA. Einer R. Elhauge, a professor at the Law School, said it seemed “very likely” that Kennedy would vote to uphold the law as it exists now, providing the required fifth vote.
“I thought the biggest surprise out of the oral argument was just how clear it was,” Elhauge said, adding that he does not usually make predictions about how the Court will vote.
Noah R. Feldman ’92, another professor at the Law School, also identified Kennedy as a potential vote in favor of the Obama Administration.
“The clear news was that Justice Kennedy is thinking seriously about a problem with the challengers’ interpretation,” he said.
Reporters tweeting from the hearing felt the same afterwards: the justices were unusually quiet, except Kennedy who seemed to behave like he knew he was the only one actually deciding this case.