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Healthcare challenge judges chosen

May 10, 2011 at 3:47 PM   |   Comments

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RICHMOND, Va., May 10 (UPI) -- A Virginia challenge to the federal healthcare reform law will be heard by an appeals panel of three judges all named to the bench by Democratic presidents.

It's likely the judges of the federal appeals court based in Richmond, chosen randomly by computer, will uphold the Affordable Care Act, CBS News reported Tuesday.

Whatever their decision, the case is expected to eventually be resolved by the U.S. Supreme Court, as the Virginia attorney general has said he will take the case straight there next, and the administration would also ask for review if they lose at the appeals court level, CBS said.

The case marks the first time a challenge to the healthcare law has been heard at the federal appellate level.

The challenge will be heard by two judges appointed by President Obama -- Andre Davis and James Winn -- and by Diana Motz, appointed by President Clinton, ABC News reported.

In a statement, the court explained the jurists selection procedure:

"The clerk of the court maintains a list of mature cases available for oral argument and on a monthly basis merges those cases with a list of three-judge panels provided by a computer program designed to achieve random selection. "

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