RICHMOND, Va. (Bloomberg)—Appeals of two Virginia federal court rulings on the Obama administration’s health care overhaul—one upholding the law, the other striking down part of it—will be heard on the same day in May.

A federal appeals court in Richmond, Va., on Wednesday said the government’s challenge to the ruling of a Virginia judge that the 2010 law is unconstitutional will be heard during the court’s May 10-13 argument session. The same panel of judges will consider an appeal by Liberty University of a decision holding the law constitutional.

The argument schedule was requested by the parties in both cases.

“The constitutionality of the Affordable Care Act has public policy implications of the highest magnitude,” said a joint motion filed by the U.S. and the state of Virginia.

The identity of the three judges on the appeals panel won’t be known until the day of the argument.

The U.S. filed a notice of appeal Jan. 18 seeking to overturn the ruling by U.S. District Judge Henry Hudson, who struck down the linchpin of the health care legislation, finding the provision that requires some Americans to buy insurance is beyond Congress’s power to regulate interstate commerce.

The appeals court, dominated by Democratic appointees, was already reviewing the Nov. 30 ruling by U.S. District Judge Norman Moon, in Lynchburg, Va., who upheld the health care act in a suit brought by Liberty University and five individuals.

Judge Hudson’s decision was the government’s first loss in a series of challenges to the law mounted in federal courts in Virginia, Michigan and Florida, where 26 states have joined an effort to have the statute thrown out. Virginia Attorney General Ken Cuccinelli also appealed because Judge Hudson limited his ruling to the mandatory insurance provision, which is set to become effective in 2014.

Constitutional scholars said that unless Congress changes the law its fate will probably be determined by the U.S. Supreme Court.

The cases are Commonwealth of Virginia vs. Sebelius, 11-1057, and Liberty University vs. Geithner, 10-02347 U.S. Court of Appeals for the 4th Circuit (Richmond).

Copyright 2011 Bloomberg