Judge Andrew Napolitano listened to all of the recordings from the Supreme Court hearings. He told Shepard Smith that after reading the transcript and listening the audio of the argument, it gave him two different impressions.
He said, “If you listen to the tape of the argument, you heard the Solicitor General of the United States, a very fine lawyer, nevertheless, was timid, tentative and not persuasive. And then you heard the lawyer for the states and the individuals challenging the law, who is the former solicitor for the United States, Paul Clement, he was authoritative and compelling.”
The key vote is Justice Kennedy, according to the judge, and said that he was very sharp and clear in “his concern [that if] you want to change the fundamental relationship of the individual to the federal government, you can’t do it by simple legislation.”
Judge Napolitano pointed out that justices don’t always indicate how they’re going to vote based on their line of questioning, “but if Justice Kennedy was truly revealing, the way he sounded, in his questioning today it’s a bad day for the government on the core aspect of this case.”