Unlike my co-blogger, I am not really bothered by the Supreme Court decision. The lawsuit was always a long shot, and the real test of any policy was whether it could muster popular support. Hiding behind the judiciary to do one's dirty work is the liberal way, not the conservative.
Still, I think Justice Roberts has done something rather clever. He upheld the law, but did so on very narrow grounds. Obamacare is now officially a tax, and a rather big one at that. I don't think there was ever a question of whether Congress could have gotten a some sort of universal health care bill through with something akin to the mandate, but Roberts has made them pay for it - the Commerce Clause and the Spending powers have both been sharply curtailed.
But enough of the deep legal stuff - in a practical sense Romney has now nailed his colors to the mast - Obamacare must be repealed. The Supreme Court has declined to bail out Obama - he now owns this nasty, vile piece of legislation and must defend its gross excesses for the rest of the campaign.
The GOP is fired up, and independents who otherwise might be wary have a reason to show up and vote - not just for Romney, but for every GOP Senate candidate who swears on a stack of Bibles to repeal the thing.
Moreover, since it is a certified tax, reconciliation can be used to repeal it - only 50 plus one votes are needed out of the Senate. No fillibuster. As an extra added bonus, Romney could actually issue an executive order not to prosecute anyone for non-payment of the fine. Oh yes, sweeping executive power goes both ways, my Democrat friends. Reap the whirlwind.
This was always a fight that should have been settled in the political rather than judicial arena. Relying on the courts is a fool's choice - far better to win over the American people than hide behind five black robes.