"I remain unsure that there just are five justices at the high court eager to have the court itself become an election-year issue.."

Says Dahlia Lithwick:

And I am not certain that the short-term gain of striking down some or part of the ACA (embarrassing President Obama even to the point of affecting the election) is the kind of judicial end-game this court really cares about....

That's why I suspect that even if there are five justices who believe the individual mandate is unconstitutional, there probably aren't five votes to decide that question in this instant....