9/29/2011

The decisions by Appeals Court Judges on the Constitutionality of Obamacare haven't broken down perfectly along party lines

From the New York Times:

The three federal courts of appeal that have issued decisions on the law so far have all reached different conclusions, with one upholding it, a second — the 11th Circuit— striking it down in part, and a third saying that threshold legal issues barred an immediate ruling. A fourth challenge to the law was heard last week by the United States Court of Appeals for the District of Columbia Circuit.

The views of the appeals court judges have not uniformly tracked the presumed views of the presidents who appointed them. Judge Jeffrey S. Sutton, appointed by President George W. Bush, joined the majority in a 2-to-1 decision of the United States Court of Appeals for the Sixth Circuit, in Cincinnati, which upheld the law. Judge Frank M. Hull of the 11th Circuit was appointed by President Bill Clinton and was an author of its majority opinion. . . .


My guess is that who appointed a Supreme Court Justice does a better job of predicting how they will vote than who appointed a Circuit Court judge. The United States Court of Appeals for the District of Columbia Circuit case has two Republican appointees and one Democrat hearing it.

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