While labeling the mandate penalty as a tax does give the GOP a political talking point of sorts the down side is ObamaCare is now "Constitutional" giving him a talking point, the GOP now has to push a repeal move that has political risks as to getting off the "jobs and economy" message as well as then having to propose a replacement that will be picked apart, and Romney has political weaknesses in this area with RomneyCare and reprising his "flip-flop" image from the primaries. Keep in mind that even some of those who dislike ObamaCare have expressed support for some of the features implemented like expanding coverage to "children" up to 26.