At first glance, one would think that this might take the issue of Obama raising taxes on Americans through ObamaCare right off the table.
Prominent Dems including White House chief of staff Jack Lew and House Minority Leader Nancy Pelosi have repeatedly argued in recent days that the fee for not buying insurance under the health care law is in fact a penalty and not a tax.
They got support from an unexpected quarter on Monday: the Romney campaign.
Mitt Romney's senior adviser Eric Fehrnstrom told Chuck Todd on MSNBC's Daily Rundown that he agrees - the fee is a penalty and not a tax, as the Supreme Court ruled last week.
"The governor disagreed with the ruling of the court," Fehrnstrom said. "He agreed with the dissent that was written by Justice [Antonin] Scalia, which very clearly stated that the mandate was not a tax."
Of course, that bit about Scalia is the tell here. The Romney camp is signaling that it agrees with Scaliaís assessment that the entire ObamaCare scheme is unconstitutional. I happen to agree with them Ė which is why I keep calling for a petition for rehearing under SCOTUS Rule 44.