everything you wrote, but I am of the view (my personal view is worthless of course) that Kennedy
is the least of the problems with getting NY's law overturned, should it even get that far, which maybe
it won't for the reasons you have stated. I consider Scalia a wild card. He is the one who distinguished between
reasonable regulation and "infringement," and we may not have heard the last from him with regard to how far
he is willing to let "regulation" proceed.
Meanwhile the NY mess has to wend its way through innumerable NY State and Federal courts before it will get anywhere
near The Supremes. It seems likely to me that the 2nd Circuit Court of Appeals on Foley St in NYC is likely to take
a very expansive view of what has been said by The Supremes so far.