doubt that any of the justices who belong to the so-called conservative wing will uphold the individual mandate, which would require every american to have health insurance coverage or pay a penalty. >> regardless of how the administration tries to frame their arguments, at the end of the day we are talking about a statute that is literally unprecedented in our constitutional history in terms of the sweeping expansion of federal authority, the potential threat to individual liberty, individual sovereignty. >> reporter: and there will be plenty of focus on justice anthony kennedy as well, he is frequently viewed as the swing vote on the current court. he has also held that just because something is purchased doesn't mean congress can regulate it. jenna: it is a huge story for this year. thank you for the update. jon: we are set settling into our brand-spanking new studio.