Bush-Appointed Judge Sides With Democrats on Health-Care Reform


Up until today, every court decision either upholding or striking down health-care reform’s individual mandate — the government’s requirement that you buy health insurance — was decided along party lines. That is, while judges are supposed to be biased and all that nonsense, every judge appointed by a Republican president has declared the mandate unconstitutional, while every judge appointed by a Democratic president felt the mandate fell within Congress’s powers to regulate interstate commerce. And then:

A federal appeals court in Cincinnati on Wednesday upheld the health-care law passed by Congress last year, saying the law’s requirement for most Americans to carry insurance or pay a penalty is constitutional.

The dissenting judge was a Ronald Reagan appointee, but an appointee of George W. Bush concurred with court’s opinion. As Think Progress notes, he’s no RINO:

Sutton’s inclusion in the Obama-friendly decision should help to blunt conservative criticism of the opinion. Of course, all of these lower-court rulings are merely foreplay leading up to the inevitable courtgasm: a Supreme Court hearing.

Appeals Court in Ohio Upholds Health Law [WSJ]
George W. Bush-Appointed States’ Rights Crusader Rejects Lawsuit Challenging Affordable Care Act [Think Progress]