The health care law backed by President Barack Obama will make its first appearance in a federal appeals court in Virginia on Tuesday.

A three-judge panel at the Fourth U.S. Circuit Court of Appeals will hear arguments over two cases in which one upheld the law and another that found a key provision to be unconstitutional.

The U.S. Justice Department is appealing the decision that struck down the health care law, while Virginia Attorney Gen. Ken Cuccinelli will be arguing against the decision that upheld it.

Cuccinelli said if the appeal isn't successful, he will go to the U.S. Supreme Court.

In the same hearing, Liberty Counsel will be representing its plantiffs in the first private case filed as a federal lawsuit against the health insurance law.

"This health insurance law redistributes wealth among private parties and is a boon to the insurance industry," said Mathew D. Staver, Liberty Counsel founder.

"The law has gone far beyond the outer limits of the Constitution by seeking to regulate noneconomic inactivity," he continued. "This law is the beginning of centralized government. The stakes in the outcome of this case could not be higher."