(AP Photo/Mark Zaleski)
(AP Photo/Mark Zaleski)

Judge Michael McConnell, former judge on the U.S. Court of Appeals for the 10th Circuit, joined Brian to discuss his piece in the WSJ, Why Obama's Immigration Order Was Blocked: The injunction isn't about prosecutorial discretion. It is about granting illegal aliens benefits not allowed by law. Judge McConnell explained that the order would have given special status to the parents of illegal immigrant children which would have entitled them to benefits such as, social security numbers, earned income tax credits as well as eligibility for drivers licenses.

So what's next for this case? McConnell explained that the case does not automatically go to the 5th Circuit and it is up to the Administration to make the next move, which they have yet to do. McConnell said he finds it odd that they haven't appealed and theorized that the reason could be they believed their own rhetoric when they said this lawsuit was baseless and therefore were caught unprepared. McConnell went on to say that if they had been doing good lawyering they should have expected this result. McConnell ended with this hypothesis, "It could be that the administration is more interested in looking to its supporters as if it is doing something than it is in actually doing anything."

Listen here: