In the aftermath of the Supreme Court health care ruling, the early conventional wisdom was that an unfavorable health care ruling at the court would be good for Republicans politically, even as it was a serious policy setback for conservatives. But that's not shaping up to be the case. Mitt Romney, after giving a brief statement decrying the decision, has been virtually silent on criticizing the health care law. He's been on vacation and his campaign has been giving off clear signals that it doesn't want to make health care a major part of the election.

His senior adviser, Eric Fehrnstrom, went on MSNBC Monday and ended up agreeing with the Obama campaign's spin that, even though the Supreme Court declared the individual mandate a tax, it really still is a penalty. Significantly, his campaign appears to want to take the most potent argument against the president on the health care subject off the table, likely out of fear the Romney himself is vulnerable when it comes to his health care record. He, after all, supported a mandate as governor of Massachusetts, and doesn't want that to be considered a tax, either.