Finally... I have blogged about this here .. From 2017
( freaking years )
https://john-gaultier.blogspot.com/2017/10/time-to-stop-unconstitutional-power-of.html
The Supreme Court Finally Stopped the Fourth Branch of Government
For years, I have argued that something was deeply wrong with the way federal district judges were being used to stop presidential authority across the entire country.
One lone federal judge, sitting in one courtroom, in one district, could issue a ruling that froze a national policy from coast to coast. A judge in Hawaii could stop something that affected a citizen in Maine. A judge in California could block a policy that applied to people in Texas, Florida, Ohio, and every other state. That was not judicial review as the Founders intended it. That was judicial activism elevated into national power.
And now, finally, the Supreme Court has said: enough.
The ruling in Trump v. CASA is more than a technical legal decision. It is a constitutional correction. It is the Supreme Court recognizing that lower federal judges were never supposed to become a fourth branch of government.
The Constitution created three branches: Congress, the President, and the Supreme Court. Lower federal courts exist because Congress created them to help administer the federal judicial system. They were never supposed to become independent political engines with the power to override the entire executive branch nationwide.
That is the distinction that matters.
No serious person says courts have no role. Courts absolutely have a role. Courts decide cases. Courts protect the rights of real parties before them. Courts can stop unlawful action when the facts and the law require it. But what happened over the last several decades went far beyond that.
The abuse came through what are called “universal” or “nationwide” injunctions. That means a single district judge does not merely rule for the plaintiffs in front of him. He issues an order that blocks a presidential policy everywhere, for everyone, including people who were never part of the lawsuit.
That is not normal judging. That is policymaking.
That is not a courtroom deciding a case. That is one unelected judge grabbing national power.
And it became a political weapon.
The Democratic Party and the left learned how to use this tactic very effectively. If they could not stop a President through Congress, they could run to a friendly district court. If they could not win through elections, they could shop for a judge. If they could not defeat the policy through the normal constitutional process, they could get one federal judge to freeze the policy before it ever had a chance to operate.
That became the plan.
File the lawsuit. Find the judge. Get the nationwide injunction. Stop the President.
That is how one district judge became more powerful than the voters. That is how a single courtroom became more powerful than the executive branch. That is how the judiciary was twisted into a political backup system for one side of the political aisle.
This was never what the Founders intended.
The Founders did not create a system where every federal district judge could act like a mini-Supreme Court. They did not design a government where one trial judge could control national policy. They did not create lifetime judges so they could become unelected political governors over the entire country.
The job of a district judge is to decide the case in front of him. The job is not to stop the entire federal government nationwide because the judge personally disagrees with a policy or because one political movement wants him to do it.
That is why this ruling matters so much.
The Supreme Court has now limited the ability of lone federal district judges to issue sweeping national orders that affect people who are not parties to the lawsuit. In plain English, one judge cannot simply freeze the President’s agenda for the whole country just because a political group ran into his courtroom.
That is a major restoration of constitutional balance.
It does not mean the President is above the law. It does not mean every presidential action is automatically valid. It does not mean courts disappear. What it means is that the courts must return to their proper role. A judge can provide relief to the parties before him. A judge can decide a real case. But a judge cannot automatically turn himself into a national policymaker for 330 million Americans.
That had to stop.
And President Trump deserves credit for forcing this issue all the way to the Supreme Court. For years, these injunctions were used as a political blockade against his agenda. Executive actions were stopped before they could even be implemented. Policies were frozen nationwide by judges who were never elected and never accountable to the people.
Trump did what had to be done. He took the fight to the Court. And once the issue reached the Supreme Court, the constitutional weakness of these universal injunctions became obvious.
A single judge was never supposed to have that kind of power.
The President is elected by the entire country. Congress is elected by the people of the states and districts. The Supreme Court sits at the top of the judicial branch. But a district judge is not a national ruler. A district judge is not a fourth branch of government. A district judge is not entitled to override presidential authority nationwide.
That is why this decision is historic.
It restores the separation of powers.
It restores accountability.
It restores the proper chain of authority.
And most importantly, it tells activist judges that the courtroom is not a political weapon to be used whenever one side loses an election.
For too long, nationwide injunctions allowed political opponents to stop a President without winning Congress, without winning the White House, and without winning the national debate. That was wrong. It was dangerous. It was anti-democratic. And in my opinion, it was an immoral abuse of the judicial system.
This ruling does not end every fight. The left will still sue. Activist groups will still look for loopholes. Political lawyers will still try to turn courts into battlefield weapons. But the Supreme Court has now drawn an important line.
One judge does not get to rule the nation.
One district court does not get to veto the President.
One courtroom does not get to become a fourth branch of government.
That is the constitutional point. That is the political point. And that is the reason this ruling matters.
The Supreme Court has finally said what should have been obvious all along:
Federal judges decide cases. They do not run the country.
