Prediction: These three Democrat-appointed judges WILL uphold the law and its individual mandate. They are just putting on a little show here with these skeptical questions — but WILL “buy” the administration’s proposed limitations (haw!) on the scope of Congress’s regulatory authority.
Actually one judge (Dubina) was appointed by Republicans (Reagan/Bush41), one (Hull) by a Democrat (Clinton) and one (Marcus) by both a Republican AND a Democrat (Reagan/Clinton). Stanley Marcus was nominated when the GOP had control of the Senate, after having been appointed to the district court by Reagan. So you probably have 2 GOP/1 Dem on this panel.
Actually one judge (Dubina) was appointed by Republicans (Reagan/Bush41), one (Hull) by a Democrat (Clinton) and one (Marcus) by both a Republican AND a Democrat (Reagan/Clinton). Stanley Marcus was nominated when the GOP had control of the Senate, after having been appointed to the district court by Reagan. So you probably have 2 GOP/1 Dem on this panel.
this is a different case. The Virginia case has the all-Dem panel. This is the FL case, backed by 26 other states.