One trivial thought that I have not seen elsewhere: I wonder if the Left/Obama/Kathleen Sebelius didn’t shoot themselves in the backside when they decided to apply a chainsaw to the religious liberty of the Catholic hospitals, etc. That episode, I think, brought out in sharp relief the unprecedented degree of coercion inexorably inherent in Obamacare, the eagerness with which the Left employs it, and the thoughtlessness with which the Left is willing to destroy the institutions of civil society as they pursue their political goals. They really believe that people of religious faith are simpletons standing in the way of ever-greater individual dependence upon Leviathan. And so I have a sense — but no direct evidence — that Kennedy and perhaps Roberts may have recoiled in horror from the prospect of Obamacare more deeply than otherwise might have been the case, as they were confronted with the prospective wholesale descent into economic fascism that is the very essence of Obamacare.
I think he's onto something here. Think about it:
Scalia.... Catholic.
Alito.... Catholic.
Kennedy.... Catholic.
Thomas.... Catholic.
Roberts... Catholic.
In other words, the Obama Administration, in their infinite wisdom, went out of their way to publicly affront the faith of the entire conservative majority of the Supreme Court a month before the Obamacare case was to be heard.