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It. it does not make sense for romney to do it. two sort of unforceed errors on the supreme court decision on immigration, caught flat-footed on that and on this. i do think that largely the rnc and all conservatives, probably out-shouted them when talking about the tax. not sure that eric bernstrom is one spokesperson one comment will make that huge of a difference now that they are shifting tax here. the or issue is for normal people, mandate, penalty, tax, fee, whatever you call it. >> what do you think? >> i think president obama missed a huge opportunity. he has spoken to it, to explain w...

Abobligation to construe it as exercise of tax power. >> the court majority ruled the mandate a tax, romney said he disagreed and cited with the minority dissent. monday, eric bernstrom weighed in this way. >> the governor believe what is we put in place in massachusetts was a penalty. he disagrees with the court ruling that the mandate was a tax. >> press secretary andrea sal reiterated that governor romney thinks it's unconstitutional penalty. republicans complain bitterly. that calling at it penalty chief romney undercut the attack on the president for raising taxes. in new hampshire, romne...

Try to square a circle that even roberts isn't able to is a mistake. >> john: bernstrom went on to say that at least the governor is being consistent. cag it a penalty in massachusetts and the state's healthcare plan and calling it penalty under proposed federal plan. meantime, president obama said it's not a tax and argued with the supreme court, solicitor general it is a tax and now saying it's not a tax. who is right, who is wrong? >> let's cut away from the political talk. it's a tax if that is what you want to say. this is intended to be incentive for people to get health insurance or dis...

Which left the romney campaign scrambling for clarification. ed henry reports. >> reporter: barely 24 hours after the top republican claimed the healthcare plan is a massive tax, adopted by the romney undercut the argument and let the president off the hook saying on msnbc the mandate in romney's own plan was not a tax. >> the governor believes that what we put in place in massachusetts was a penalty. he disagrees with the court's ruling that the mandate was a tax. >> he believes that he shouldn't call the tax penalty a tax. you should call at it penalty or a fee or a fine. >> that is correct....

There is not much upside. he was trying to draw a line between the argument that republicans are making over the weekend, republican leaders made over the weekend. they know it's dangerous to get drawn into this. governor romney sort of accuse of imposing the tax in massachusetts. i don't think that spokesman misspoke this morning. >> john: when you look at the way it's all come out, after what bernstrom said, mitt romney and president obama are on the same track. mitt romney is on a completely different track than republican leadership. thereon what they said in the last couple of days about ...