The Chief Justice's Gambit

realclearpolitics article

• Thursday’s health care ruling shocked most observers. It upheld the health care law as constitutional. But rather than find that the law was justified under Congress’ authority to regulate commerce, it instead found it was justified only under Congress’ power to tax. It also imposed limits upon Congress’ ability to condition spending grants to the states upon those states taking certain steps. 
• If Republicans win the Senate and presidency, the law is doomed. [emphasis added]
• The most important aspect of the ruling, however, comes with respect to the spending clause. Seven justices just agreed to real limits on Congress’ ability to attach strings to legislation
• Barack Obama was forced to go on television and praise the court’s ruling. In so doing, he validated -- at least implicitly -- one of the most pro-state’s rights decisions in recent times.
• Accusations of hyper-partisanship are much harder to make against him, and he has more freedom[emphasis added]

Comment:

Any gambit implies risk.  If Obama wins this election, it won't matter that he has more freedom, or that he accusations of hyper-partisanship will not be made against him.  That's because the left will own the court.

Update:

Here's a left wing view on the decision ( Mahablog).  If Obama wins re-election, their concerns will be addressed.  Then it will total defeat for the conservatives.  Big risk.