Tom Miller's contributions to the ROA's DEF on the Affordable Care Act Supreme Court hearings.

Tom Miller's contributions to the ROA's DEF on the Affordable Care Act Supreme Court hearings.

Every federal official has an obligation to act in line with the Constitution as he or she understands it. And that doesn't necessarily mean obeying Supreme Court decisions.

Two years after its enactment, ObamaCare remains unpopular, unaffordable and unworkable. This week, three days of oral argument before the Supreme Court should confirm that it’s also unconstitutional.

In one of the most interesting discussions at the Supreme Court on Wednesday, Justice Samuel Alito asked what the fallback position would be for the rest of the Affordable Care Act if the mandate were declared unconstitutional. He then referred to the amicus brief filed by AEI experts, which contends Title I of the law has to go.

The Patient Protection and Affordable Care Act faces an existential test this spring. The Supreme Court will decide whether the law’s controversial requirement that everyone purchase health insurance – the individual mandate – is unconstitutional.  But the issue transcends the scope of President’s Obama’s signature domestic policy reform. Indeed, the...