Charles Krauthammer said Tuesday on "Special Report with Bret Baier" that "ObamaCare is over" if a court ruling that said health care subsidies may be given only to residents of states that set up their own insurance exchanges is upheld.

But he said it's up to Congress to fix errors in the law -- not President Obama.

"A drafting error in a bill is still part of the bill," the syndicated columnist and Fox News contributor said. "And the only instrument in the constitutional system we have that can change an error, drafting or otherwise, is the Congress.

"It is not in the power of the executive to fix what's written in the legislation," he added.