Speaking of partisan asymmetry in judicial appointments, it should be added that a Democratic appointee finding the mandate unconstitutional here is not the equivalent of the appellate court Republican who found it constitutional. Jeffrey Sutton, the 6CA judge who found the mandate constitutional, is otherwise an orthodox conservative Republican. Frank Hull, conversely, is a moderate-to-conservative Democrat. And although he was a Clinton appointee, Stanley Marcus is actually the second circuit court Republican to uphold the mandate.
…more on Hull’s conservatism from Jon Cohn and Ian Millhiser.