Virginia Attorney General Ken Cuccinelli gestures during a press conference after a hearing before the 4th Circuit Court of Appeals on a challenge to the federal health care reform act in Richmond, Va., Tuesday, May 10, 2011. The three-judge panel of the 4th U.S. Circuit Court of Appeals includes Obama appointees, Andre Davis and James Wynn, and Diana Motz, an appointee of former President Bill Clinton. The panel has heard arguments in two Virginia lawsuits challenging Obama's health care overhaul. (AP Photo/Steve Helber) (AP Photo/Steve Helber)