My guess is Kennedy will punt and say there are two many models to choose from with no clear way to determine which one is best even though they are clearly better than what we have now.
To a large extent the court should punt. Congress - as the ones who make the laws - should decide which model is used, not the courts. The job of the courts is only to say if any particular model congress decides on is fair enough.
the courts benefit too. Liberal justices looking to retire tend to wait for a liberal president, and vice versa conservative justices wait for a conservative president.
