What if the core devs shorten the OP_RETURN again?
Eligius has set the OP_RETURN limit to 80. Not sure about the other mines.
Besides, I remember that the devs said that even with 40 bytes OP_RETURN (possible for a simple Counterparty asset send, for instance) the transaction takes too much time to be confirmed.
I guess that consensus takes time to achieve. Medici could help them change their mind.