"Do you think it's a bit of an issue that we're talking about the fact that he's not doing Jimmy Kimmel instead of all these international crises," asked co-host of The Five Andrea Tantaros.
Tantaros was alluding to President Obama's recent cancellation of a scheduled Jimmy Kimmel appearance, something the president had been criticized for not canceling sooner in light of increasingly volatile international events.
"Let's be honest here, If he had done Jimmy Kimmel we would have made fun of him," admitted co-host Greg Gutfeld.
"Now he's not doing Jimmy Kimmel and we're still making fun of him. So, he can't win with us."
Not wanting to let his fellow co-host down, Eric Bolling added his assessment that "The president's checked out. He's a lame duck who's completely lame."
The Black Alliance for Educational Opportunity is supporting the legal action in state court in Baton Rouge financially. The plaintiffs include Choice Foundation, parents and teachers in New Orleans and Baton Rouge parents.
The group is seeking a court order that the state go ahead with its contract for tests in the next school year. The plaintiffs charge that Jindal violated the state constitution when he suspended actions taken by the state board of elementary and secondary education.
Jindal, a former backer of the Common Core standards, said last month that he wants "Louisiana standards and a Louisiana test."
Eric Lewis, Louisiana director of the Black Alliance, said Jindal has left them no choice but to go to court.
"At this point, this is the only avenue that remains in moving the state forward in fully implementing Common Core," he said.
Jindal said the lawsuit is "without merit."