I heard that the lawyer for the Obama Administration did so poorly that he was getting laughed at. At one point the lib judges were trying to help him out once they figured out he was out of his league.
If Kennedy is the swing vote he is known to decide on the side of liberty.
Will liberty win out?
Government is force, not a beneficent Oz, and politics is civil war by other means. When you call for a new government program, you saying: forget peaceful cooperation and negotiation. We must go to war and impose our will by force.
It's the liberal thing to do.