The judges on the panel will be Obama nominees James A. Wynn, Jr and Andre M. Davis, who will sit on the panel along with Clinton nominee Diana Gribbon Motz.
According to the Fourth Circuit, the panel is chosen by “a computer program designed to achieve total random selection.”
In certain cases, the entire court will rehear a case, what’s referred to as en banc, but only if a majority of all active judges in the circuit agree to it. While once seen as a very conservative court, the Fourth Circuit has become more liberal over time, especially in the past few years, because Obama has been able to name four judges to the court.
In the first of the two suits, to be heard at 9:30 am, Liberty University will challenge the constitutionality of the law’s mandate that forces individuals to purchase insurance or pay a fine as well the requirement that larger employers offer insurance.