I don't see the problem you see. I don't see an "is". A journalist would not use "will" there, in any event.
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CopyLeftSo, the author , without good reason, used "were..,...would", and assumed the impossibility of the health law being overturned, even though the case is a toss-up?I'm starting to think that one if us is failing to understand something here. It's usually me when that happens. I don't see how using "were ... would" assumes impossibility. Please elaborate