The ruling was a split, 2-1 with Judge Stanley Marcus dissenting.
Time to tally the political scorecard:
Chief Judge Joel Dubina, appointed by Bush the Elder, voted NAY on the ACA. (NAY = gins Obama)
Judge Stanley Marcus, first appointed by the Gipper, but failed to be confirmed, and then appointed by Slick Willie, voted YEA. (fer Obama)
Judge Frank Hull, appointed by Slick Willie, voted NAY.
The question is, which one was the activist?