There's an old law joke: If the facts are on your side, pound on the facts. If the law is on your side, pound on the law. If neither are on your side, pound on the table. Democrats have created their own version. When neither the facts or the law is on their side, they cry racism.

That's just what Marielena Hincapie, the Executive Director of the National Immigration Law Center (NILC), did this month. When asked about President Obama's executive overreach on immigration at a House Judiciary Committee hearing, Hincapie, a legal scholar, couldn't conjure a fact or a law to explain the President's amnesty plans. Left with no reasonable argument, Hincapie called Republicans racists.

Hincapie couldn't concede to the vast array of problems that would arise from the President's plan. She certainly couldn't criticize the lack of effective immigration enforcement that's going unaddressed by President Obama's executive action. Instead, she suggested that Republicans oppose the President's executive action because he is black.

Congressman Trey Gowdy didn’t let this accusation slide without a rebuttal. He asked her to clarify if she "suggested race was the basis for why we [Republicans] have this Constitutional perspective". Failing to articulate an answer, Gowdy interrupted Hincapie with an alternative explanation for Republican dissent:"Not a single Republican who is here right now ever served under a Republican president. Not one. So I hope I do live long enough to hold a Republican president to the exact same standard that I am holding this one. But for you to run to race as the explanation for why we hold the position that we do."

Gowdy continued to tear apart Hincapie's argument: "…hell, for that matter, Senator Obama had a different perspective on executive overreach than President Obama and nobody runs to race as an explanation for that."

During Obama's tenure in office, racism has been used in arguments against Republicans who support the Second Amendment, support Voter ID laws, complain about union influence at the White House, and campaign against the President.

Republicans have always withstood belittling condescension from elitist Democrats who think they’re the smartest people in the room. But, crying "racism" in the face of tough questions is not smart, it’s concession.

Whether liberals are crying racism or pounding on the table, their defeat is heard loud and clear.

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