U.S. District Court Judge Arthur Schwab of Pennsylvania ruled this week that President Obama overstepped his authority as president when he announced his recent sweeping immigration executive order, the New York Times reported. Except, the case Judge Schwab had before him didn’t exactly require him to weigh in on the constitutionality of Obama’s executive action.

Nevertheless, Schwab ruled that Obama’s executive action goes “beyond prosecutorial discretion” and should be considered legislation. “President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional,” Schwab wrote.

The Department of Justice fired back, calling the opinion “unfounded,” Fox News reported. Neither party asked Judge Schwab to weigh in on the legality of the executive action, the Justice Department noted. 

Talking Points Memo’s Sahil Kapur has more on Schwab’s background–which includes Schwab’s being pulled from cases, and lazy rulings which were reversed by higher courts.