SCOTUSblog's latest updates are encouraging, assuming King v. Burwell hinges on the Court's one, customary swing vote:
Justice Kennedy expressed deep concern with a system where the statute would potentially destroy the insurance system in states that chose not to establish their own exchanges.
And,
Kennedy expressed deep concern with the federalism consequences of a reading that would coerce the states into setting up their own exchanges to avoid destroying a workable system of insurance in the state.
And,
[T]he key takeaway is that – in a case that seemingly pits literalism against contextualism – Justice Kennedy was very attentive to the consequences of the reading that petitioners urged.
Justice Roberts remains the puzzle. ("The chief justice said almost nothing," reports the NYT.) If he sees Kennedy going in the sensible direction, will he go the pseudoconservative route, knowing the A.C.A. is safe and therefore his Court won't suffer the eternal ignominy of having deprived millions of vital subsidies? Worst case — one hopes — the Court would still issue 5-4 decision in Obamacare's favor, which I'm sure Obama would happily take.