According to a report from CBS News, based on interviews rather than deft exigesis of the ACA opinioin, Justice Roberts switched his vote on the health care law between the intial conference and the final product. And, according to this report, this lead to "desperate" and "relentless" lobbying by Justice Kennedy to bring him back to right side. Apparently, everyone at the Court is chit-chatting about this remarkable turn of events.
As Jeffrey Toobin and others have pointed out, this vote may have given Roberts the "credibility" to comfortably vote down affirmative action and key parts of the Voting Rights Act. But maybe we can dream that the vote also gave Kennedy cred with the right making him feel comfortable not joining Roberts in these efforts.
Or maybe Obama will get re-elected and, mid-term, Justice Scalia will take E.J.Dionne's sage advice and resign. Given his passion for changing federal immigration policy, it seems to me that Scalia would be perfect in the muscular role of Senator rather than serving as a bureaucrat working for the least dangerous branch. Hey - he could even work to amend the Voting Rights Act. I hear some conservatives used to think that legislatures were a really great way to make public policy.