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Eleven states are suing the Obama administration over its policy on transgender bathrooms. 

Led by Texas AG Ken Paxton, the states are objecting to the administration's directive on transgender student access to public school facilities. 

In a letter sent to public schools, the Obama administration said that students must be allowed to use the bathroom that matches their gender identity.

Paxton argued that this is the latest attempt by the Obama White House to rewrite laws without approval from Congress. 

If schools refuse to comply, districts could lose federal funds. Judge Andrew Napolitano said this morning that could be "catastrophic" for many schools. 

Napolitano said the legal battle will hinge on the interpretation of the word "sex" in the 1964 Civil Rights Act and whether it covers gender identity. 

Transgender individuals are protected in federal hate crime statutes and the Obama administration believes that should extended to civil rights law. 

The judge said he does not see that argument being accepted by the courts when it comes to public school bathroom policies.

"This is an enormous leap, an enormous extrapolation, one that I predict will be rejected by the courts," he said. 

Stuart Varney said he believes the majority of Americans side with the 11 states and do not want to be told by the federal government that young girls must go to the bathroom alongside boys. 

If you missed Judge Nap's take on Wednesday's bombshell report on Hillary's emails, see his analysis here and on The O'Reilly Factor.

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