Judges Hearing Arguments on Obama Law Appointed by Democrats

All three judges that will hear Tuesday's arguments on the constitutionality of President Obama's health care law were appointed by Democratic presidents, including two by Obama himself.

The U.S. Court of Appeals for the Fourth Circuit made the announcement shortly before the trial started, even though the case has been scheduled for months. Judges Diana Motz, the senior member of the panel, was appointed to the bench by President Bill Clinton in 1994. Andre Davis and James Wynn were appointed by Obama.

The hearing in Richmond is the first appellate review of Obama's signature legislation passed last year, and combines two cases. The first case was brought by Liberty University, and the second case was brought by the government after losing to Virginia Attorney General Ken Cuccinell.

The judges were randomly selected by computer a couple of months ago. They have presumably been reading briefs in the case ever since. The full 14 member Fourth Circuit is evenly split between Republican and Democratic judges, but only three judges hear any given case.

The fact that the judges are Democratic appointees doesn't mean they'll decide to uphold the law in the end, but this has been one of the most bitterly partisan issues around the country in recent memory.