If Romney wins the White House, and the Republicans win control of the Senate and retain control of the House (the last two being likely if Romney wins), Obamacare will be legislatively overturned early next year.
Truth be told, everyone thought that Obama and the Dems had the power to pass this as a tax from the very beginning, but Obama and the Dems wanted to avoid making that presentation, as they knew the bill would not pass if they tried to do it that way. So, the idea that Justice Roberts has helped establish some vast new taxing authority appears to be overblown. Almost everything is taxed already. And who really believes that there is anything that the Feds cannot find a way to legally tax, if there is the political will to do so?
So, these were the two supposed victories that the Obama and the left won here. The sustaining of Obamacare, which could well be overturned legislatively after the upcoming elections and the ability of congress to tax pretty much anything, which is a power they really already had.
Alternatively, if the bill is overturned, the parts of this ruling that will last are the severe legislative limits on the use of the commerce clause to compel behavior and the rejection of the use of the spending clause to coerce the states. These were conservative victories, and they were really the most substantial legal elements of the ruling.
By this time next year, will Obama and the Democrats still be regarded as the winners here? It depends on who wins the election in November. It is as simple as that.