The members of Trump Administration complain a lot recently about local federal district judges issuing injunctions which bind the whole nation and stop the executive branch from executing its policy. It is worth to note that only in 1963 a U.S. federal district judge issued a first universal injunction binding parties who were not in front of the court. It happened after almost 200 years of existence of the republic. Then, 6 universal injunctions, binding parties who were not in front of the court, were issued in the years of George W, Bush's administration, following by 12 universal injunctions under the Obama administration, then under first Trump administration, 64 universal injunctions were issued by activist federal district judges! Then, 14 injunctions were issued in the four years of Biden administration, whereas in the first 2 months of the second Trump administration, already 37 universal injunctions binding nonparties in the whole United States were issued by the activist federal local judges. The abuse of universal injunctions is distortive to U.S. constitutional system, pursuant to experts who testified yesterday in the U.S. Senate, as those judges start to exercise a policy making power, which can only be exercised by elected politicians. The federal judges do not have to face the voters every 2, 4 or 6 years, like all elected politicians do, as the judges are appointed for life. One of the founding fathers, Alexander Hamilton, said that the judicial is the least dangerous branch but only if the judges exercise the judicial power; if they range beyond it, they can be the most dangerous branch and the public confidence will be undermined because the voters have no chance to get rid of those judges because they have a life tenure.
Janusz Andrzejewski is a New York attorney, admitted to practice in 1993, You can contact him by telephone (212-634-4250) or, preferably, by e-mail at: janusz@januszandrzejewski.com
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