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RELEASE: CAP President Neera Tanden on D.C. Circuit Ruling the Affordable Care Act Constitutional

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Contact: Katie Peters
Phone: 202.741.6285

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Washington, D.C. — Today the D.C. Circuit Court of Appeals became the third court of appeals to rule on the constitutionality of the Affordable Care Act. The court affirmed the decision of the lower court and held that the plaintiffs “cannot find real support for their proposed rule in either the text of the Constitution or Supreme Court precedent.”

Center for American Progress President Neera Tanden released the following statement:

The D.C. Circuit Court of Appeals ruling today marks a tremendous victory for the Affordable Care Act. As of late, we have observed a new group of judicial activists trying to rewrite the Constitution to thwart national solutions to national problems. Well-known conservative Judge Laurence Silberman dismissed this effort because he recognized that respect for the Constitution’s text, precedent, and the proper role of the three branches of government is the hallmark of a good jurist.

As someone who was awarded the Presidential Medal of Freedom by President George W. Bush in 2008, Silberman’s conservative credentials cannot be questioned. And today he concluded what supporters of the law have known all along: Striking down the Affordable Care Act requires rewriting the Constitution. After this ruling, the legal grounding of the Affordable Care Act is the strongest it’s ever been.

The following experts from the Center from American Progress are available for comment:

To speak with CAP experts, please contact Katie Peters at 202.741.6285 or

Read a column by Think Progress Justice editor Ian Millhiser: Leading Conservative Federal Appeals Judge Says Case Against Health Reform Has No Basis in “The Text of the Constitution”

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