"Why does the Obama campaign want to have a fight over who raised the most taxes?" said Tad Devine, a Democratic political strategist,
Speaking to reporters yesterday, Obama spokeswoman Jen Psaki dismissed the discussion over whether the mandate is a penalty or a tax as a "silly debate."
The Romney campaign has tried to measure its message, claiming during the Republican primaries that the mandate in the Massachusetts law was a penalty, not a tax.
Keeping with that depiction, Eric Fehrnstrom, a senior campaign adviser, said in a July 2 interview that Romney held the same view of the federal mandate to buy insurance. He described it as a "penalty or a fee or a fine."
Fehrnstrom's response conflicted with that of congressional leaders who said the June 28 Supreme Court ruling upholding the 2010 Patient Protection and Affordable Care Act was based on the assumption that the mandate is essentially a tax.
Obama's 'Tax'
In an interview with CBS News two days after Fehrnstrom's appearance, Romney brought his position in line with that of his party, declaring Obama's mandate a "tax."
Still, he said the opinion written by Chief Justice John Roberts, an appointee of Republican President George W. Bush, differentiated what he did as governor because states have the power to constitutionally mandate purchases using mechanisms other than taxes.
"States have the power to put in place mandates. They don't need to require them to be called taxes in order for them to be constitutional," Romney said. "As a result, Massachusetts's mandate was a mandate, was a penalty, was described that way by the legislature and by me."
His campaign has made a similar argument about the higher fees imposed during his term as governor, saying they can't be considered tax increases because they were charges for specific services. Romney spokeswoman Andrea Saul declined to comment yesterday.
Increased Fees