This appears to me to be a case of "buying a little time" or throwing something at the wall and see if it sticks.
Obviously the Judge is a political activist and not much of a Judge and should have his law license revoked and drug before The Law Review Board.
ANY second year Law Student would know better than what he just did..
He is however a fine example of a Judicial Activist.. Not a smart one but a typical dimwitcrat activist...