I just finished listening to the Supreme Court's arguments from earlier today. While I agree with much of the mainstream press that Justices Scalia and Alito were hard on the government and didn't ask a single question of the other side (thereby bursting the bubbles of some people who thought Justice Scalia might have been in reach), I disagree with the sentiment that Justices Kennedy and Roberts went harder at the government than they did on the other side. I thought both of them -- especially Kennedy -- posed pretty hard questions to both sides. I'm not saying this is in the bag or anything, but I really don't think we can call Justices Kennedy or Roberts's votes just yet. Justices Ginsberg, Breyer, Sotomayor and Kagan all seem firmly in the government's camp. I still think Kennedy and/or Roberts could go either way.
For what it's worth.
More tomorrow! Jennifer