President Donald Trump made waves yesterday by saying that he is "absolutely" thinking about breaking up the Ninth Circuit Court of Appeals.

The remark came after a federal judge in California blocked the Justice Department from withholding federal funds from "sanctuary cities."

That ruling, if appealed by the Trump administration, would go next to the Ninth Circuit Court of Appeals. 

Trump criticized "judge-shopping," arguing that liberal opponents will challenge in the Ninth Circuit jurisdiction, expecting a favorable outcome. 

"We'll see 'em in the Supreme Court," Trump said.

Judge Andrew Napolitano weighed in this morning, explaining that the Ninth Circuit is the largest one in the nation, serving the 15 westernmost states, including Alaska and Hawaii. 

Napolitano said "judge-shopping" is done by both sides and that's why there is a Supreme Court.

He said that a split-up of the circuit, which has been discussed for years, would need to go through Congress.

Since Democrats would filibuster the action, it "probably" would not happen, Napolitano said, since Republicans would need 60 votes in the Senate. 

Watch the "Fox & Friends" clip above.


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