Obama Appointees to Hear Healthcare Challenge

Three federal appeals court judges – including two appointed by President Barack Obama – will consider a challenge to a provision in the president’s new healthcare law that requires most Americans to get insurance.

The third member of the Fourth Circuit U.S. Court Appeals panel hearing arguments Tuesday in Richmond, Va., was appointed by President Bill Clinton.

The hearing marks the first time an appeals court considers the constitutionality of the new law, which critics call Obamacare, USA Today reported.

The paper said the judges were chosen by random by a computer program. They are Andre Davis and James Wynn, both appointed by Obama, and Diana Gribbon Motz, appointed by Clinton.

At issue is the provision in the law that says people must have health care insurance by 2014 or face a tax penalty. Virginia challenged that portion of the law, saying that Congress was exceeding its power to regulate commerce.

USA Today said one federal judge has upheld the provision but another declared it unconstitutional. The matter is expected to eventually end up before the U.S. Supreme Court.