This is a rush transcript from "The Five," June 28, 2012. This copy may not be in its final form and may be updated.
ANDREA TANTAROS, CO-HOST: We have been debating and analyzing the fallout from the Obamacare decision today. What does this mean for RepublicanS? A lot of people are saying that essentially, the courts handed the GOP and Mitt Romney a winning issue in November, because now, because of Roberts' decision it's kicked back. If they want to get it repealed, it has to go through Congress.
So, Eric, I want to go to you. This may seem like a loser today for Republicans but I think it's a long-term winner. The war starts up again.
ERIC BOLLING, CO-HOST: There's no doubt. America lost. America is the biggest loser. We're going to be taxed to the bejesus now, like I said earlier, 21 new taxes. We need to distinguish between what the new taxes are, and the penalty.
This is very interesting -- if you don't buy health insurance, you get penalized through the IRS. If you don't pay the fine, they can't -- number one, they can't garnish your wages, they can't put you in jail. They can't freeze your accounts or assets. They can't do anything. There is no teeth. So people are not going to do it. They're not going to pay the fine.
TANTAROS: That was the problem with ObamaCare, right? Penalty is less than the premiums, why would anyone set up --
BOB BECKEL, CO-HOST: They didn't sell it right and let you all take the lead on it --
TANTAROS: No, that's not --
BECKEL: But listen, let's talk about Mitt Romney for a second. Here is his problem in this whole thing politically. He's got the Massachusetts health care bill with a mandate in it. If it was another candidate besides Mitt Romney, it might have a lot more teeth.
But he's going to have to continue to answer the question when he goes and attacks this about, what about you, Governor? The bill looks like yours.
KIMBERLY GUILFOYLE, CO-HOST: No, it makes him look not very bright if he followed a bad mistake.
BECKEL: Also, he's not, but let's --
GUILFOYLE: If it's so flawed and it's so bad, then why did he do it to begin with? Why did he copy him? That doesn't sound like a very smart thing to do. Copy from the A student, then.
BECKEL: You know why? Because he knew that Mitt Romney is going to be the nominee.
GUILFOYLE: Oh, give me a break.
BECKEL: That's my logic.
TANTAROS: If it was a different candidate, Greg, it could be a cleaner hit. But Obama will come out and say, wait a minute, Governor, I'm not a tax raiser, I'm sure you weren't a tax raiser, we are just trying to cover the uninsured, right?
GREG GUTFELD, CO-HOST: Bob is right there. But remember ObamaCare delivered the House to the Republicans. Pelosi won't be happy until they deliver the Senate and the White House.
So, I think this is a big win for the Republicans in the long-term, as long as you keep saying it's a big win for Obama, it makes look like it's all about him and not about America.
BOLLING: This is great point. You have awoken the sleeping giant again. The Tea Party will come back and come back.
TANTAROS: And how much does Obama talk about this? I mean, he'll talk about the popular provision until Election Day, right?
BECKEL: I think he'll do -- right. He'll talk about the popular position and let's remember, as I just said, there's 8 million people benefiting from this law right now.
GUILFOYLE: You know what? The American people are going to remember ObamaCare? No --
GUTFELD: The people are going to vote against that when they find out--
GUILFOYLE: If you remember ObamaCare is some tax and spend disco. This is a disaster --
BECKEL: Tax and spend disco?
GUILFOLYLE: That is what it is.
GUTFELD: That's your life, Bob.
TANTAROS: But disco is fun, Kimberly. Disco is fun.
GUILFOYLE: You're right.
BECKEL: You know I hate to say this. I'm really not gloating. But, man, is this sweet! For once!
GUTFELD: That is gloating.
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