After much reflection, I have concluded that the federal individual mandate, which requires all Americans to purchase health insurance starting in 2014, will not be upheld.

I've been on record since 2005 saying we need to find a way to eliminate the use of the pre-existing condition. The way to do that is really to get everyone in the insurance pool, and that way, we'll have people who need health services today, some who need it tomorrow, and some who won't need it for quite some time.

The federal government should encourage rather than micromanage market reform in all 50 states. Since health care is local, private-sector innovation in conjunction with state-level reform of the individual and small-group markets is a better approach.

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