The U.S. Supreme Court agreed Tuesday hear oral arguments about President Obama's amnesty plan that would save five million or so illegals from deportation.
The court could rule by springtime, opening the doors for Obama to press forward with his amnesty hopes before he leaves office.
Obama originally claimed he maintained in his executive role the power to prosecute, or not, illegals. But challengers refuted his statement, saying his White House went far and beyond the rightful role of the executive.
"I think they strike it down," said Sen. Lindsey Graham, a former prosecutor, adding the court would probably rule on a 6-3 line, based on the confines of what's allowable under a prosecutor's discretion, Fox News reported.
In short, Graham said Obama claimed "prosecutorial discretion" by granting legal status to millions of people, and in so doing, acted more "as if he were a legislative" entity.
Obama's executive action, highly contested by conservatives, gave illegals the right to stay in America if their children were lawful citizens, and gave minor-age illegals the right to stay if they came to this country before age 16.
Critics called it an amnesty provision that bypassed Congress. Twenty-six states sued the White House over the unilateral action.