Three years ago, Justice Anthony Kennedy voted to declare the Affordable Care Act unconstitutional. So it should come as no great surprise that he expressed constitutional concerns in today’s ACA case, King v. Burwell. 

His concerns tended to be the major focus of today’s Court coverage—as so often tends to be the case, given Justice Kennedy’s common role as the “swing justice,” the decisive fifth vote. In this morning’s case, his concerns focused primarily on federalism—on the impact that the ACA’s health exchange provisions, and the administration’s implementation of those provisions, could have on state insurance markets.