Kennedy might uphold the statute, but only by construing the language in a way that's opposed to the statutory definition?

I think that if a case came before the Court invovlving a physician who had been charged with the crime then Kennedy might be inclined to find that statute invalid as applied...

Anyway, let's see what the DC does... I'm trying not to read too much into the Circuit's opinion on the liklihood of winning on the merits -- I'd like to think that the trial judge was left some room to actually hear the merits of the case...