Keep in mind that Kennedy is the “swing” vote, and it seems he is leaning towards the conservative side.

Justice Sotomayor, an Obama appointee, appeared skeptical of solicitor general Verrilli’s claims that the individual mandate is not based upon the idea that the government can force people into commerce and that there is no limit on its power to do so. I would be hopeful that she would apply the law/Constitution properly. She could have been trying to allow the Obama admin lawyer a forum to restate his case, better than when questioned by the other Justices. We will see.