If the ban on pre-existing condition exclusions falls with the mandate, as is likely, that will also be Obama's fault. The administration's brief to the Supreme Court argued that the 11th Circuit Court of Appeals in Atlanta "was incorrect" to let the pre-existing ban stay in effect. Without the mandate, the Obama administration argued, the pre-existing ban has to go.
Unfortunately, they are right. There is no way to solve the pre-existing condition problem through economically destructive regulations - even if you try to pay-off the insurance companies with an unconstitutional mandate. Without the mandate, as Obama acknowledged, the pre-existing ban would put most insurance companies out of business.
If the Court, as expected, rejects Obama's unconstitutional mandate and the pre-existing condition ban he tied to it, he'll have nobody to blame but himself. His whole corrupt approach was a dead-end, and he knew it.
Phil Kerpen is president of American Commitment, a columnist on Fox News Opinion, chairman of the Internet Freedom Coalition, and author of the 2011 book Democracy Denied.
American Commitment is dedicated to restoring and protecting America’s core commitment to free markets, economic growth, Constitutionally-limited government, property rights, and individual freedom.
Washingtonian magazine named Mr. Kerpen to their "Guest List" in 2008 and The Hill newspaper named Mr. Kerpen a "Top Grassroots Lobbyist" in 2011.
Mr. Kerpen's op-eds have run in newspapers across the country and he is a frequent radio and television commentator on economic growth issues.
Prior to joining American Commitment, Mr. Kerpen served as vice president for policy at Americans for Prosperity. Mr. Kerpen has also previously worked as an analyst and researcher for the Free Enterprise Fund, the Club for Growth, and the Cato Institute.
A native of Brooklyn, N.Y., Mr. Kerpen currently resides in Washington, D.C. with his wife Joanna and their daughter Lilly.