ABUSE OF INJUNCTIONS, BY FEDERAL DISTRICT JUDGES, AGAINST TRUMP ADMINISTRATION, DESTROYS THE CONSTITUTIONAL ORDER

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 

ENGLISH MEDIA AND FANS HAD A GOOD WORLD CUP 2014 - LUIS SUAREZ HAS BEEN EXCESSIVELY PUNISHED FOR THE GLORY TAKEN AWAY FROM THE FALLEN EMPIRE

The whirlwinds blowing around Luis Suarez, the Uruguayan football player (or soccer player, if you are an American), do not seem to decrease in power. English football commentators, journalists, pundits and fans at large are satisfied with the FIFA Disciplinary Committee's ruling which imposed on the 27-year-old a ban of nine international matches as well as the four-month ban from all football and, in addition, a fine of 100,000 Swiss Francs. One might imagine that Luis Suarez will lose much more in advertising deals which would be either terminated or not renewed. Yet, there are present many voices protesting, if not the idea of punishment levied against the player, than its severity. Even the victim of Suarez's latest biting attack, Italian defender Giorgio Chiellini, has been offended by the severity of the punishment and making the player a celebrity pariah. As an attorney, I do not have a problem with disciplining Luis Suarez, although I have major problems with the severity of the punishment which would be unconstitutional, in my opinion, in the American legal system for it appears that various properties and/or rights were taken speedily away from Luis Suarez, without providing him with sufficient opportunity to be heard. The biting incident has brought a lot of sadness around the world, yet it seems that in England it resulted only with joy and satisfaction, judging by review of English press, comments to digital newspapers articles and blogs. Even though English national team has been eliminated from the World Cup in the first round (the group stage), without being able to win any match for the first time in history, the English football journalists, commentators and pundits, as well as the football fans, are quite happy and satisfied: Luis Suarez, a brilliant footballer and England national team's tormentor on the football pitch, has been punished not only for biting an Italian football player but, in English national psyche, for all their miseries including for daring to eliminate England from the World Cup, for ending another dream of World Cup glory for the Anglo-Saxon football empire, for 48 years of barren football years and mediocrity of England's national team, for having the temerity of being the best player in English Premier League, for being the top scorer in the Premier League, for his long known desire to abandon the riches of English Premier league for the Spanish football giants FC Barcelona or Real Madrid, for speaking Spanish, the language of hated former Spanish Empire and hated nowadays Argentines, crouching around, in English psyche, and awaiting for the best moment to pounce on the Falklands, which, oh my, they dare to call Malvinas, for the thorn of Scottish independence movement and the referendum, for Jean-Claude Juncker's presidency of the European Commission and for the European Union's existence, daring to silence, with cacophony of its everyday bureaucracy, the not so roaring lions of yesteryear British Empire.

Janusz Andrzejewski is a New York based attorney, writing on legal and other important community subjects. You can contact him by telephone (212) 634-4250 or through e-mail: janusz@januszandrzejewski.com

THE BATMAN MASSACRE: WHAT HAVE WE LEARNED ABOUT OURSELVES?

Another random massacre, and another opportunity to do something about gun laws, appear to be as good as gone. What is happening to America? Is this how the modern society resolves its social pathologies? What kind of an animal a man of 21st century is about to become? Where do we go from here? Does anybody care about random violence anymore? Do we still remember Fort Hood, Texas massacre in 2009, Northern Illinois University massacre in 2008, Virginia Tech University massacre  in 2007 or the one near Aurora: Columbine High School massacre in 1999? Was anything done about the roots of any of them?
The usual suspects such as entertainment industry, media, politicians and gun industry, with its chief client and advocate, National Rifle Association, have lost  another opportunity to do something meaningful about the exposure of American society to random violence. The new thread, characteristic to the Aurora shooting, was an PR offensive undertaken by Hollywood and entertainment industry (one of the main culprits and inspirators for the random shooters)  in aftermath of the batman massacre, in particular the series of statements issued by Warner Brothers, and all the stars associated with "The Dark Knight Rises" production. Imagine, the community at large "held their collective breath" waiting for Christian Bale or Jason Gordon-Levitt's nuggets of wisdom (LOL!). Not better were politicians, i.e. John Hickenlooper, the governor of the State of Colorado who wasted no time in stupidly defending gun control laws, or, rather, a lack of them, and indirectly defending NRA interests. Not better were mayor of Aurora, Steve Hogan, and its Chief of Police, Dan Oates, or New York City Commissioner of Police, Raymond W. Kelly. All of these officials seem to propagate a stupid belief, which they repeat like a mantra, that freedom to purchase arms would not have stopped the batman massacre or that it would not have limited its monstrosity or its size.  Comme on! Have some decency! It is shocking to any human mind that there are people who advocate total freedom in acquisition of arms and consider 2nd Amendment to the U.S. Constitution, granting an uninfringed right to keep and bear arms, to be holly and unassailable. Don't you know that people created laws and people can change them? How long can America cling to something created in 1791, when semi-automatic or automatic guns were not invented yet. Times change, things change, people change.   Imagine how much good the nay sayers could have achieved in redirecting their energy and money towards the real causes of the shooting, instead of protecting themselves and their profits through PR schemes. The modern society with its hierarchy of values is obviously full of pathologies. The man of 21st century seems to be lost among various forces attacking his psyche, the chief among them being a God of materialism and consumerism, propagated by the masters of finance, utilizing such servants as media and entertainment industry.

Janusz Andrzejewski, a New York City based attorney, writes on legal as well as other important community subjects. You can contact him by telephone (212) 634-4250 or through e-mail: janusz@januszandrzejewski.com