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Public Statements

Butterfield Applauds Fourth Circuit Judge James A. Wynn, Jr. As First Federal Judge to Uphold Affordable Care Act Under Congress's Taxing Power

Statement

By:
Date:
Location: Washington, DC

Congressman G. K. Butterfield (NC-01) today applauded Judge James A. Wynn, Jr. of the U.S. Court of Appeals for the Fourth Circuit, for his concurring opinion in Liberty University v. Geithner, 671 F.3d 391 (4th Cir. 2011) (Wynn, J., concurring), wherein Judge Wynn became the first federal judge to uphold the Affordable Care Act (ACA) under Congress's taxing power, laying the groundwork for the Supreme Court's momentous decision.

"Our federal circuit courts and judges often work in obscurity," said Congressman Butterfield." "However, their decisions, like the decisions of our Supreme Court, have impacts far and wide on America and upon the lives of Americans. Today, I would like to recognize the great work and service of North Carolina native Judge James A. Wynn, Jr. of the U.S. Court of Appeals for the Fourth Circuit.

"In Judge Wynn's concurring opinion in Liberty University v. Geithner, Judge Wynn wrote that he would "uphold the constitutionality of the Affordable Care Act on the basis that Congress had the authority to enact the individual and employer mandates, which operate as taxes, under its taxing power.' To my knowledge, of the more than 15 federal judges to consider ACA's constitutionality prior to the Supreme Court, only Judge Wynn identified the argument that would ultimately secure the ACA's future.

"It is with great pride that I recognize and applaud Judge Wynn for his service to our state and our country. As a result of the Supreme Court's decision, which was rooted in large measure on Judge Wynn's concurring opinion in Liberty University v. Geithner, 40 million Americans can enjoy without uncertainty access to affordable healthcare, and all Americans can enjoy the protections, benefits and access provided by the ACA."


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