Consider the backlash that will favor the GOP. The public is not going to think very highly of the courts running the WOT, as they already do not think much of the idea of the 'rights' of terrorists. This is an issue that raises the profile of the WOT in the mid-terms, and that can only help Republican chances.
Now, if some AQ type comes across the border to launch some terror attack, the "Perfect Storm" of judicial activism, illegals, and WoT that I predicted about two years ago will result in the total eradication of the Dems. Total.