The critical vote was cast by conservative heavyweight Judge Jeffrey Sutton.
You might be reading a lot of coverage that seeks to establish Judge Sutton’s conservative bona fides by noting that he was a clerk for Justice Scalia and was appointed by George W. Bush. And those are, indeed, indicators. But let me just say that — wholly independent of those biographical facts — Judge Sutton is known to those of us who keep an eye on these things as a rising star among conservative judges. It isn’t just “hey look, a Republican upheld the law!” Judge Sutton is one of the top young guns the right has on the federal judiciary right now. His vote to uphold this law matters quite a bit.