On "Special Report" tonight, Charles Krauthammer said that today's immigration ruling is "a problem" for Republicans.

A federal appeals court has refused to allow the implementation of President Obama's executive action that could shield as many as five million illegal immigrants from deportation.

The White House responded to the setback by stating that the president has exclusive authority to enforce immigration laws and can adjust policies to fix a "broken immigration system."

Krauthammer said that he thinks "if it goes up the chain" to the Supreme Court, it will be defeated.

"For the Republicans it's a problem," he said. "It's like the case going forward on ObamaCare and the thing about the exchanges and the subsidies. The problem is what happens if you win? Because if you win then the issue gets thrown back into the political arena."

Krauthammer said that "Republicans are going to have to come up with an alternative" on the issue of subsidies and exchanges for ObamaCare.

But for immigration reform, the situation is different, he noted. 

"Here, if somehow this would be completely tossed out, then the question will be 'what's your plan on immigration reform,' if anything," Krauthammer said of Republicans.  

"I think up until now, you can say, 'well it's in the hands of the courts,'" Krauthammer stated. "But at a certain point it's not going to be and you're going to have to answer."

Watch the video above to hear more from the "Special Report" panel.

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