I hear you, and it makes me feel torn about it. Then again, even if the GOP doesn’t have 60 seats in the Senate in Jan. 2013, so long as they also have the House, they can use Reconciliation to get rid of the Individual Mandate, as the taxing power covers it, according to Roberts. (Of course they need a president who opposes Obamacare to sign it.)
I doubt the GOP would overturn it if they had 65 Senators.