What both sides are still missing is that Kennedy and Roberts have their own deep views of Libertarianism.
As we see with Kennedy writing today's opinion on gay marriage and yesterday's opinion on Texas Housing.
And with only Roberts voting with ACA the first time while both Kennedy and Roberts upheld ACA the 2nd time.
I'll continue to maintain these two are sick of the stalemate in Congress and will continue to legislate from the bench.
Both for and against both political parties--as we'll see with rulings next week.
With the death penalty as an example expected to swing back to the right 5-4--not a mandate.
At times, Sotomayor has joined Kennedy and Roberts as part of this new "third" wing that is non-partisan and libertarian .