Fox News legal analyst Andrew Napolitano Andrew Peter NapolitanoFox's Napolitano says grand jury erred in Taylor case: 'I would have indicted all three of them' Fox's Napolitano: Supreme Court confirmation hearings will be 'World War III of political battles' Fox's Napolitano: 2000 election will look like 'child's play' compared to 2020 legal battles MORE this week decried President Trump Donald John TrumpSteele Dossier sub-source was subject of FBI counterintelligence probe Pelosi slams Trump executive order on pre-existing conditions: It 'isn't worth the paper it's signed on' Trump 'no longer angry' at Romney because of Supreme Court stance MORE's tweet telling four congresswomen of color to "go back" where they came from, saying the wording was a rejection of America's "melting pot" values.

"Even though hate speech — speech that expresses hatred for people, as opposed to hatred for ideas — stings and hurts, it is constitutionally protected," Napolitano, a frequent Trump critic, wrote in a Fox News opinion piece published Thursday. "But when the hate speech comes from a shameless president, we have a problem."

"It implicates a racial or nativist superiority: We were here before you; this is our land, not yours; get out," he wrote. "Nativist hatred is an implication of moral or even legal superiority that has no constitutional justification in American government."

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In a previous opinion piece this week, Napolitano called Trump's attack "racist."

Trump went after Democratic Reps. Alexandria Ocasio-Cortez Alexandria Ocasio-CortezOn The Money: Anxious Democrats push for vote on COVID-19 aid | Pelosi, Mnuchin ready to restart talks | Weekly jobless claims increase | Senate treads close to shutdown deadline McCarthy says there will be a peaceful transition if Biden wins Anxious Democrats amp up pressure for vote on COVID-19 aid MORE (N.Y.), Ayanna Pressley Ayanna PressleyFauci, Black Lives Matter founders included on Time's 100 Most Influential People list Trump attacks Omar for criticizing US: 'How did you do where you came from?' Pressley applauded on House floor after moving speech on living with alopecia MORE (Mass.), Ilhan Omar Ilhan OmarOmar fires back at Trump over rally remarks: 'This is my country' Trump attacks Omar for criticizing US: 'How did you do where you came from?' Democrats scramble on COVID-19 relief amid division, Trump surprise MORE (Minn.) and Rashida Tlaib Rashida Harbi TlaibTrump attacks Omar for criticizing US: 'How did you do where you came from?' George Conway: 'Trump is like a practical joke that got out of hand' Pelosi endorses Kennedy in Massachusetts Senate primary challenge MORE (Mich.) in tweets earlier this month, saying they should "go back and help fix the totally broken and crime infested places from which they came."

The House voted largely along party lines to condemn his remarks as racist, with a handful of Republicans and Rep. Justin Amash Justin AmashInternal Democratic poll shows tight race in contest to replace Amash Centrist Democrats 'strongly considering' discharge petition on GOP PPP bill On The Trail: How Nancy Pelosi could improbably become president MORE (I-Mich.) voting with Democrats.

The president's use of "go back" is a "dog whistle to groups around the country that hatred is back in fashion and is acceptable to articulate publicly," Napolitano wrote Thursday. "'Go back' is a rejection of the nation as a melting pot; a condemnation of one of America's founding values — E Pluribus Unum (Out of many, one)."