Supreme Court Justice Anthony Kennedy, regarded as the swing-vote in the Obamacare hearing, disagreed with his more liberal colleague, Justice Sonia Sotomayor, when she was making an argument against overturning the entire health care bill.

The disagreement hinged on the question of what would be a greater act of judicial activism: overturning all of Obamacare, or simply overturning the individual mandate and leaving the rest of the law in place.