She was appointed by
President Clinton and her political connections seem to have been principally with the Democratic Party. However, we all know (of course we do!) that such things are of no consequence whatever in how judges decide questions of constitutional law.
[satire on] Judges’ decisions are
always made after due deliberation, taking fully into account all aspects of all relevant facts and all relevant law. Indeed, that is the only way that everyone in the United States (even those who are not judges) decides whether to buy medical insurance. For that reason, Judge Kessler’s decision might even be said to make good sense.
Obviously, there are in the United States no silly, irresponsible folks who, grasshopper like, don’t pay attention to what the future may hold and who just spend their copious funds on wine, women and song without even thinking about whether they should instead spend them on more practical stuff like insurance. Nor, in our prosperous, stimulated and quickly recovering country of plentiful redistributed wealth for all, are there any who simply can’t afford health insurance regardless of the cost and who are therefore in no position to make any decision whether to buy or not to buy it. Perhaps if such people existed (and of course they don't) they would now be required to think and to decide in the abstract whether they would like to buy insurance if they were able to do so; under Judge Kessler’s reasoning, that would probably be enough to penalize them should they decide that they would not spend the funds they don’t have if they had them. Nor are there any indecisive people who just can’t make decisions for other reasons; they must decide anyway. There may be other categories, but I can’t decide whether to try to think about them and hence won’t.
In any event, if there are actually any people subject to the mandatory insurance provisions who for one reason or another don’t actually make such decisions rationally and after full consideration of all factors (or even based on a coin toss) Judge Kessler may never have encountered them and they apparently were not called to her attention. [satire off]