If Romney stays true to his promise that he will immediately grant waivers to all 57 States, then it is dead in the water no matter the makeup of Congress. If Obama can do it with some 1000’s of special interest groups and get away with it, so can Romney.
Inasmuch as I agree to the sentiment, what happens to the rule of law then? Yes, I know, the Slave Party RATS don't care about laws when it comes to what they'll reach to do. But when we fall to that level, how are we ever going to get back to passing laws that actually matter? For if what you want is to empower administrative bureaucracy as the fourth branch of government and the only one that really matters, this is how it becomes inculcated.
I think the better path is to may be to challenge the premises under Roberts' ruling taking this back to the Supremes as a matter of the administrative branch showing itself unwilling to violate the limits of its enumerated powers. That gets us around a fruitless battle with Harry Reid and precludes him from becoming the most powerful thug in Washington.