Krauthammer: Kennedy Could Be Fifth Vote

Krauthammer said despite the beating the government took in the first hour of arguments Tuesday, there are still reasons for constitution shredders to be optimistic. First, there's number one swing voter Justice Kennedy.

He raised the question as to whether there might be something unique about the health care market that would allow for a unique health care mandate...

Krauthammer also views Justice Roberts, a traditionalist who doesn't like the court interfering with the business of congress, might decide to leave ObamaCare alone.