Probably biggest risk is Breyer "throwing in the towel" and joining the majority on the Constitutional question but moderate in the severability and remedy issue. If Breyer joins the majority maybe Roberts will have him write the Opinion?
Looks like Gorsuch will want the Court to open wide based on his Anthrex opinion.
Overall - I guess we could have had a more severe remedy from Anthrex so perhaps that is why the market is status quo today.