Fox News' senior judicial analyst Judge Andrew Napolitano criticized Judge James Robart of Washington state, who blocked President Trump's executive order pertaining to immigrants from several specific nations.

"We have a federal district judge in Seattle who basically second-guessed the president on the wisdom and propriety of the president's executive order," Napolitano said, adding it's "absolutely not the job of federal judges in our society."

Napolitano said Trump has the authority under a 1952 law to suspend any type of immigration for public health, safety or national security reasons.


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Responding to critics who point to a 1965 law banning discrimination on basis of race, creed or religion, Napolitano said Trump can legally "discriminate" on the basis of geographic area if there is a likelihood that region is home to people who may harm Americans.

Napolitano said the Ninth Circuit Court of Appeals will likely issue a decision on Wednesday, and that the losing side will appeal to the United States Supreme Court.

The high court, he said, will likely hear the case if the federal government loses and appeals because the justices are interested in the "orderly administration of governmental function."

Trump is "so much in the right" and Washington state and Minnesota, who brought the lawsuit are "so much in the wrong," Napolitano said.

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