While conservative activists might be celebrating an appeals court decision against President Obama’s executive action for illegal aliens, Fox News contributor Charles Krauthammer warned Tuesday that the ruling could be a “problem” for Republicans.
The Justice Department had asked the 5th U.S. Circuit Court of Appeals to overturn U.S. District Judge Andrew Hanen’s February order halting the president’s immigration plan from being implemented.
But in a 2-1 ruling Tuesday, a three judge panel denied the government’s request, saying it could cause serious problems for states if the administration’s plans are ultimately struck down.
During a panel discussion on “Special Report,” Krauthammer told host Brett Baier that he didn’t think the Supreme Court will step in to overrule the appeals court’s decision.
Krauthammer cautioned, however, the decision presents a problem for Republicans.
“The problem is, what happens if you win?” he said.
“Because if you win and the issue gets thrown back into the political arena,” Krauthammer said, comparing the immigration issue to the current challenge to Obamacare awaiting a Supreme Court ruling.
“And here, if somehow this would be completely tossed out, then the question will be, ‘what’s your plan on immigration reform, if anything?’” he said.
“I think up until now, you can say, ‘well it’s in the hands of the courts,'” Krauthammer said. “But at a certain point it’s not going to be and you’re going to have to answer.”
Another member of Baier’s panel agreed with Krauthammer’s assessment. Weekly Standard columnist Steve Hayes said “it’s much easier for Republicans to say in a speech” that they disagree with executive amnesty.
“It’s much more challenging to come up with a plan of your own and to try to sell it,” Hayes said.