We are facing a constitutional crisis. Through the use of nationwide injunctions, a group of liberal federal district judges are fighting to maintain Obama era policies until President Donald Trump leaves office.
And now, President Donald Trump is fighting back as his administration seeks a case to be brought in federal court against the practice.
These judges’ actions are an attack on our system of government undermining the value of voting and the public’s trust in the impartiality of the judicial branch. These injunctions must be halted, either by the Supreme Court or by legislation.
Nationwide injunctions, which are also called universal or national injunctions, are issued by federal district judges and prohibit the federal government from enforcing laws or policies against anyone, not just the plaintiffs in the case.
There have now been 37 nationwide injunctions issued against the Trump Administration, which is significantly more than were issued in the entire 20th century. In contrast, there were only two nationwide injunctions during the first two years of the Obama Administration; and there were no nationwide injunctions issued during the first 175 years of our Republic.
Recently, U.S. Attorney General Bill Barr gave a speech attacking nationwide injunctions, saying that the bar for getting one from a district judge is too low: “When Congress passes a statute or the President implements a policy that is challenged in multiple courts, the Government has to run the table — we must win every case. The challengers, however, must find only one district judge — out of an available 600 — willing to enter a nationwide injunction. One judge can, in effect, cancel the policy with the stroke of the pen.”
And this is bad for democracy, Barr said, “Nationwide injunctions undermine the democratic process, depart from history and tradition, violate constitutional principles, and impede sound judicial administration, all at the cost of public confidence in our institutions and particularly in our courts as apolitical decision-makers dispassionately applying objective law.”
Barr is not the first prominent conservative to take aim at these injunctions. Barr’s predecessor, former U.S. Attorney General Jeff Sessions, has also denounced the injunctions. Sessions stated, “Increasingly, we are seeing individual federal district judges go beyond the parties before the court to give injunctions or orders that block the entire federal government from enforcing a law or policy throughout the country…. This trend must stop. We have a government to run. The Constitution does not grant to a single district judge the power to veto executive branch actions with respect to parties not before the court. Nor does it provide the judiciary with authority to conduct oversight of or review policy of the executive branch. These abuses of judicial power are contrary to law…”
Supreme Court Justice Clarence Thomas has indicated his skepticism of the legitimacy of the injunctions. Thomas wrote, “These [universal] injunctions are beginning to take a toll on the federal court system—preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the Executive Branch. I am skeptical that district courts have the authority to enter universal injunctions… They appear to be inconsistent with longstanding limits on … the power of Article III courts.”
Elections must have consequences. Members of Congress and Presidents are elected to set and implement federal laws and policies; and unelected, unaccountable lower court judges must not be allowed to obstruct the policies of the elected branches of the government indefinitely. The Supreme Court will soon weigh in on nationwide injunctions and make it clear to district court judges that they have no authority to issue these injunctions.
If the Court fails to do so, then it will fall to Congress to enact legislation to end these acts of judicial tyranny once and for all.
Richard McCarty is the Director of Research at Americans for Limited Government Foundation and a contributor to the pennypress.com, the conservative weekly voice of Nevada. His views are his own.
I hope everyone enjoyed their recent Memorial Day weekend. Many Louisianans were vacationing over the long holiday or enjoying a cookout with family and friends. Many stores held sales advertising for us to have a “Happy Memorial Day.” All well and good, but what about the real purpose of this special day?
Many of us don’t even know the difference between Memorial Day (honoring those who died defending our country) and Veterans Day (honoring all service men and women). Only 5% of Americans attended local military events or parades. I joined a sparsely attended gathering Memorial Day at the USS Kidd in Baton Rouge. Is it enough to holler USA at sporting events, or to say “Thank you for your service” when you see a service man or women in uniform? Should Americans be required to do more?
In 1967, I was 27 years old and newly married with my first child on the way. So I was draft exempt, with no legal requirement to join the service. Maybe I did not have a legal obligation, but what about a moral responsibility to serve my country in the time of war?
I come from a long line of distinguished military officers who never hesitated to serve their country. They did not try to find ways to sidestep such service like so many others, including most of our politicians today as well as several recent presidents.
Relatives on both sides of my family served their country with honor and distinction. My first father-in-law Dick Campbell who was an ace fighter pilot, rose to the rank of full colonel in the Army, and twice escaped from German prison camps. My Dad stayed stateside coordinating military transportation coast to coast for the Army. Second father-in-law Teddy Solomon was sent by the Army to the South Pacific. My younger brother Jack volunteered and joined the National Guard for a six-year hitch.
My mother’s brother had quite a navel military career. In the final months of World War II, Commander Jack Gentry was flying a reconnaissance mission over the Pacific when his flight cameras captured photos of the Japanese flotilla. He made the cover of Life Magazine as his pictures allowed a direct attack on the enemy fleet that sped up the ending of the war with Japan. He went on to command the battleship USS Enterprise until his retirement from the Navy in the 1960s.
With this strong family military background, I felt an obligation to continue the service to my country. I make no bones about the fact that I feel every American should either serve in the military or perform voluntary service in the city or state where they live. The American flag flies outside my home 365 days a year. I wear my military dog tags while I broadcast my syndicated radio program each week (NG25520050).
This is not an effort to pat myself on my back. Like so many other young men and women who love their country, it was something I felt a strong obligation to do. So despite the fact that I was draft exempt, I signed up for service in the Army, then stayed for ten additional years in the Louisiana National Guard.
Our nation has been at war in Iraq and Afghanistan going on two decades. Yet many Americans look on war as a spectator sport. So few have any real skin in the game.
I recently read a book by military scholar George Wilson called “The Mud Soldiers,” where he laments over the problems with an all-volunteer army. He quotes Vietnam veteran Col. Steve Siegfried who states: “Armies don’t fight wars. Countries fight wars….. Yes a country fights a war. If it doesn’t, then we shouldn’t send an army.
War should be every citizen’s business. We should all perform some volunteer service, military or otherwise. This should be an easy decision if we love our country and care about our freedom.
“The problem with lying and deceiving is that their efficiency depends entirely upon a clear notion of the truth that the liar and deceiver wishes to hide.”
My son recently was looking for a company to work with concerning content that was needed for the videos that he would soon create. As he was doing so, I told him to find a package deal so it will be all-inclusive with music, images, fonts, etc.
A short while later, and in his excitement, he said that he found a company with which to work. I asked him how much the package was and if it was all-inclusive?
He said, "Dad, it is only $29.95 a month."
I said, "For everything?"
He then went on to say that you could even cancel at any given time.
I said, "If it sounds too good to be true, it probably is."
I then told him to call the company and ask if there are any hidden costs and, again, does everything come with that $29.95?
Well, he called and the first mistake that the company made was that they didn’t have a real person answering the phones. When you see when companies that use computers to do their selling for them you can rest assured that they are on their way out. If a business wants to slap a customer in the face, this is usually the first thing that they do.
When he received his call back, he found that the deal of the century was a year contract! Otherwise, the cost would be $69.95 and you can cancel at any time.
Friends, this is not what their page stated, at least not in big print.
The sad fact of the matter is that this country no longer operates under the banner of “Therefore all things whatsoever ye would that men should do to you: do ye even so to them" (Matthew 7:17).
I have found that a good number of the companies in America today are not serving the customers, but rather the almighty dollar and themselves (1 John 5:2).
I ask, “For what shall it profit a man, if he shall gain the whole world, and lose his own soul?” (Mark 8:36)
Let me share some of my experiences with you.
About 15 years ago, I was in a health foods GNC store where they sold a large selection of vitamins. When I grabbed some ginseng and was going to check out, a man that was at the cash register was ready to pay for his items when the lady behind the counter said to him that he owed 2 times more than what it said on the price tag. The man told her that the price was right on the sticker while pointing at the items. She replied that those prices were for members only. Right next to the big price numbers were little tiny numbers to the right of it where it said that these prices apply to members only. How deceptive. The man was rightfully angry and he walked out, leaving the products on the counter. I followed in close pursuit.
No one likes to be sold with deceptive and deceitful tactics.
The Bible says, “making the ephah small, and the shekel great, and falsifying the balances by deceit?” (Amos 8:5)
Another time, we walked into a local Midwest favorite called “Old Country Buffet.” It was one of those restaurants in which you could eat and when you were done, felt like you got yourself a good deal. You were treated like a favored customer and left feeling satisfied. About 5 years ago, we went in as usual, and right when we were going to pay for our food, the lady behind the register asked if we wanted something to drink, which by the way was always a part of the price when paying for the buffet.
I responded, "What about if we want something to drink? Of course, we want something to drink. That is why we just entered into your eatery."
She said that would be a separate charge and I responded, "Well, it is not going to be long before your place of business will be shut down. You are gouging, and people are going to catch on and that will be it for your restaurant."
Sure enough, 6 months later, they were done.
How prevalent this has become today: charge your customers more by separating the meal from the drinks. This applies to "business as usual" today in America across the boards.
The airlines have now been found guilty of this every step of the way, literally. You now pay a surcharge for handling on the phone when you purchase your ticket, and when you check in, you then have to pay for your bags. Before boarding, you now have to pay for your seating, and when you get into the plane, you have to pay for your drink and your food. Treating customers like they are now doing them a favor.
Another experience that I had was another place called “Timberlodge” restaurant in Minnesota. They started out right by giving bigger portions at a fair price. However, soon after their food chain became big enough, they started to charge more with smaller portions. I told my wife that they needed to quit this or they are going to be a thing of the past. In this particular situation, I called the management and told them people are seeing what they were doing in their restaurants and it wasn't good.
"I know that you are really doing very well with your food chain, but it is coming across as you only care about the money here," I told him.
I added that they needed to either get back to customer service first or they would be gone within a year.
A week later, they put up a sign at one of their stores that read “We're not going anywhere.” I'm not kidding.
I told my wife that they were done. Two weeks later, the restaurant was shut down.
Deceptive business owners can only take advantage of people for so long before people catch on. People are not stupid. If people do not feel like service is being done on their behalf and that they are getting their money's worth and feel like they are being taken granted for, again, you can mark my words, that’s it for your business.
I can also tell you that when I and my family detect this with a business, we are done with that company in whatever capacity it may be. It usually is a good sign that a company's efforts to get a little more out of you means that it is no more about the customer, but about what they are getting from their customers.
Furthermore, if their product and service is everything that they claim it to be, then do they have to lie or deceive (Hidden costs) in the process of selling it (Proverbs 19:9)?