CONSERVATIVE FEDERAL JUDGES VS. FOAMER LEVIN

Yesterday, I did hear Mark Levin address Judge Silberman's decision that the health care mandate was constitutional and of course Levin said that Silberman was wrong.  That was to be expected because only The Great One really understands the Constitution.  Over at the Volokh Conspiracy, however, Orin Kerr makes this interesting observation:

As an aside, it’s interesting that the circuit court decisions on the mandate have included three opinions by leading lights of the Federalist Society — Judges Silberman, Sutton, and Kavanaugh — and that none of them voted to strike down the mandate. These three judges are hugely influential in the conservative legal community, and the conservative Justices and clerks on the Court watch their work closely. Although a split is a split, and the Court is extremely likely to take a mandate case, the absence of a vote to strike down the mandate among the opinions from Judges Silberman, Sutton, and Kavanaugh can’t be welcome by mandate opponents.