PHILADELPHIA (CBS) — On Talk Radio 1210 WPHT, Chris Stigall and Josh Gerstein from Politico discussed the Supreme Court’s hearing arguments on President Obama’s plan to stop undocumented immigrants from being deported, while also allowing them to legally find jobs.

Gerstein said the primary challenge to the President’s order comes from 26 states, who claim they will be damaged if it becomes the law.

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“The states are saying that this is hurting us. So, at least part of the discussion yesterday was devoted to that issue, not solely whether Obama has the theoretical power to do this or to give the benefits or a work permit or whatever because the work permit doesn’t come from the state directly and its impact on the state is debatable. It was more the issue of whether by doing this, there’s some direct impact on the state.”

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He stated public opinion on this case is mixed, but that the consequences of ruling will be far reaching.

“There’s a lot of people that wouldn’t really want to see people rounded up and forced out of their homes but, at the same time, they don’t like the idea of tax money going to folks that have done something illegal to get into this country in the first place. I don’t know if, in all cases, you’re really talking about benefits. I assume, if you think of a work permit as a benefit, that probably gets into what folks are considering the definitions of that. Once you let somebody go to work, it does raise certain issues. Is that person going to pay taxes? Is that person going to receive social security? If not, why not? If you allow them not to, then you actually create an incentive for employers to hire illegal folks.”

Gerstein also explained that, with only eight Justices seated on the Court following the death of Justice Antonin Scalia, a split decision would mean President Obama’s order will go down to defeat.

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“If they come to a 4-4 result and they announce that result, then the lower court ruling, which was this block, this nationwide injunction against the Obama will remain in effect, presumably run out the clock on the Obama Administration. Then, we’ll probably see a new effort to something like this if a Democrat is elected and if a Republican is elected, probably not. If they are deadlocked in particular, it’s bad news for the administration and it’s good news for the opponents of the President’s deferred action programs, executive actions on immigration.”