The judiciary holds too much power and Congress should curb its authority, Wyoming’s federal delegation argued in response to Equality State lawyers and retired judges who called on them to defend “American Rule of Law” from attacks by President Donald Trump and his billionaire ally Elon Musk.
In an April 11 letter, Rep. Harriet Hageman and Sens. John Barrasso and Cynthia Lummis said the federal judiciary has drawn scrutiny on itself. “Unelected judges imposing their policy biases on our nation without democratic legitimacy are the root cause of today’s controversy,” they wrote.
The politicians largely sidestepped the central tenet of an open letter signed by more than 100 Wyoming lawyers and retired judges and published late last month. That letter had called on Hageman, Barrasso and Lummis to condemn an increase in personal attacks and calls for impeachment led by the president and his allies on federal judges who issue court decisions they dislike.
The Wyoming jurists who signed that missive focused on Trump’s calls to impeach specific judges who ruled against his policies, and social media posts by Musk calling a judge’s ruling an “attempted coup,” among other criticisms.
The letter also cited threats of violence against judges, a phenomenon U.S. Supreme Court Chief Justice John Roberts has said is on the rise. It also noted Trump’s efforts to target law firms he doesn’t like. “These attacks are part of a growing effort to discredit, not just judges, but seemingly the American Rule of Law,” the letter stated.
The delegation’s response does not mention the president, Musk or threats of violence against judges.
Instead, Barrasso, Lummis and Hageman wrote that “the country is witnessing a healthy debate right now about the appropriate role of judges,” according to a copy of the letter obtained by WyoFile. The federal lawmakers also cited legislation they were cosponsoring to eliminate judges’ authority to issue nationwide injunctions on actions by the federal government.
“I think the delegation sort of missed the point,” former Wyoming governor and longtime attorney Mike Sullivan told WyoFile on Monday. “This was not a partisan effort. This is a legitimate, serious and what I think is a constitutional concern about the judiciary and the rule of law.”
Last week, House Republicans including Hageman passed the No Rogue Rulings Act, which would curb judges’ ability to issue nationwide injunctions. Republican lawmakers did so in response to a series of court rulings against aspects of Trump’s agenda — particularly elements of his mass deportation effort that judges found could violate peoples’ civil rights, and parts of the Musk-driven effort to cut budgets and staffing levels across the federal government. Sen. Chuck Grassley, R-Iowa, has introduced a similar measure in the Senate.
“Both the legislative and the executive branches are rightfully using their constitutional checks and balances to address judicial overreach,” Hageman, Barrasso and Lummis wrote in their letter.
In their letter, the Wyoming jurists told Lummis, Barrasso and Hageman the U.S. Constitution called on them to defend the judiciary from attacks, even if those attacks come from other branches of government.
“As our elected federal representatives—and as required by your own oaths—we thus urge you to publicly condemn these threats, affirm judicial independence, and remind Americans that appeals—not violence, intimidation, or invitations to lawlessness—are the constitutional remedy for undesired court decisions,” the letter read.
Though the delegation in its letter described a bipartisan drive for judicial reform, the No Rogue Rulings Act did not draw any support from Democrats in the House and will likely die in the Senate, where it won’t be able to garner 60 votes, according to a report in Politico.
Lummis, Barrasso and Hageman expressed pique at the letter authors’ choice of an open letter. Among the letter’s more noted signees were former Gov. Mike Sullivan; retired Wyoming Supreme Court Chief Justices Marilyn Kite, Michael Golden, Michael Davis and E. James Burke; retired U.S. District Court Chief Judge William Downes and former Wyoming Attorneys General Gay Woodhouse and Patrick Crank.
(WyoFile board member Susan Stubson also signed on. She was not involved in the production of this report, and neither she nor any member of the WyoFile board have authority to direct news coverage or news content.)
Many of those attorneys are retired from public office and working in private practice, if not retired entirely. The jurists appear to have sought a public discussion, concluding their letter with: “We welcome your earliest public response to these very serious concerns.”
But the federal delegates said the more than 100 signees should have reached out as individuals.
“We are disappointed you failed to express your concerns with us directly before rushing to publish your letter,” they wrote. “A robust discussion about addressing the challenges and concerns facing our nation would be more beneficial than attempting to score political points through the press.”
WyoFile reached out to signees of the original letter but did not receive a comment on the delegation’s response by early Monday afternoon. This story will be updated if that changes.
Sullivan noted that the Wyoming attorneys published their letter in the wake of a highly unusual statement by Chief Justice Roberts, who protested Trump’s call for the impeachment of U.S. District Judge James E. Boasberg. Trump called for Boasberg’s impeachment after the judge issued a ruling momentarily halting one of Trump’s most controversial deportation policies. Judges are not politicians, Sullivan said, “and when they come down in a way that doesn’t agree with your position they shouldn’t be demeaned or defamed or threatened with impeachment.”
Those signing the letter have an obligation to maintain judicial independence, as does the delegation, the former governor said.
“This is a group that believes this ought to be a public discussion,” Sullivan said. “We have our own constitutional obligations as members of the bar, practicing before the judiciary, and we shouldn’t just sit back and let this happen.
We have in many of our leaders today wearing The Mask of Sanity, (first published on 1941 by Hervey Cleckley, M.D.) updated and revised with the last edition 1982. Such persons may present as extremely gracious, rational, thoughtful, considerate, and convincing, often painting their targets, in this situation the Equal branch of government, the Judicial System, as victimizing them-and Yes this is The Equality State. There were persons well before our current crisis at the Duty to Warn Conference at Yale in 2017 expressed a duty to warn the public. This warning went essentially unheeded. Now the aggression and impulsivity are more pronounced and Without Conscience, (published 1999) -impeaching the judiciary, soy bean farmers potentially taking a huge hit, the possibility of states with hurricane damage who did not vote for Trump not getting relief-all supported by individuals who are nothing more than empty vessels whose sole function is to be mirrors reflecting the self-loving gaze of which our leader is frozen to and transfixed with, which reminds us of that Greek myth of Narcissus who fell in love with his own reflection in the pond, continuing his fixation unmoved by the caring of others resulting in his death; and now does the same fate await the Constitution of the United States?
What they are trying to do is destroy the last check on Trump’s autocratic agenda. If District Court judges can’t enjoin illegal activities, cases would have to go to Circuit Court – or, worse yet, all the way to SCOTUS – before anything was done. (And maybe not even then, given that Trump has crammed the court with partisan sycophants.) Anyway, by then the horse would be so long out of the barn that challenges would be moot. Which is what Trump wants.
I don’t know, it must be something in the water, or air that makes rational, educated people idiots. Maybe there’s a fine mist over Washington DC….I don’t know. Maybe we should all start wearing our tin foil hats, cause there is something out that that is inexplainable. Disappointed in our three stooges? Yes! Disappointed in most elected officials? Yes! There is no cure for stupidity and if it were up to Robert Kennedy jr, there’d be no vaccine either.
Trump’s lawlessness IS the problem. And, as of today, the Administration faces contempt charges. I am thankful to the judges who have the courage to hold these lawbreakers’ feet to the fire. I wish the WY delegation would be more honest about their motives. We see what they are.
Wow…I’m afraid this has turned into a rather lengthy editorial. But here it is.
This is an excellent article, and addresses directly the Constitutional responsibilities of each branch of government. Let’s get back to basics – Executive, Judiciary and Legislative branches are clearly defined under the Constitution to provide our government with a system of checks and balances.
Per their oaths of office, every one of these officials SWORE ALLEGIANCE TO THE CONSTITUTION OF THE UNITED STATES. Trump has signed executive orders that have been challenged as unconstitutional, and treads his well-worn path of name-calling, threats and intimidation when his orders are not summarily obeyed. He has stated on several occasions that when he issues orders/demands terms that are not acceptable on many levels, he is simply creating the conditions that can be used to make his “deals”. It is disturbing to me that rather than surround himself with people who can offer him guidance and experience in the many complicated areas a President must consider (economics, immigration, world relations, environment, unfriendly countries/terrorism, energy, US and world health….the list is long and important.), Trump seems interested in only one qualification – loyalty to him. This does not provide any President with the knowledge and perspective needed to lead our nation. It also puts us in danger of not having accurate information needed to understand our nation and assess our government’s decisions when the people specifically tasked with oversight, reporting factual data and considering its sources, have clearly demonstrated that their primary loyalty is to Trump. In recent press conferences, Trump’s own representatives have promised, in their words, “transparency” and “truth”. Hard to believe from a President who publicly called Ukranian President Zelensky a dictator and accused him of starting the war. Also hard to believe from a President who directed our United Nations representatives to disregard our European allies concerns and voted in lockstep with Russia, China and North Korea. Only now is Trump finding himself frustrated and upset with Putin.
Every area of my life is more expensive, my retirement accounts are suffering, Soviet aggression towards Ukraine continues. Tariffs come and go, conflicting statements are issued almost daily. Every area of my life is more expensive, my retirement accounts are suffering, Soviet aggression towards Ukraine continues. This is not what Trump promised repeatedly in his campaign. The world does not appreciate Trump’s statements regarding US acquisition of Greenland (March 27, 2025 Oval Office – “…we’ll go as far as we have to.” March 30, 2025 news outlet interview – “I will never take military force off the table.) Similar statements regarding the Gaza “Riviera” and annexation of Canada as the “51st state” only serve to further alienate many nations and world leaders. Trump has personally referred to events or activities in which he was involved with world leaders where they have bluntly stated that this did not happen.
Our Republican-led Congress, constitutionally bound to get advance notice and review the content of some of these orders, does not seem to be concerned about this lack of Congressional oversight. Monies designated specifically to these departments and projects are now floating in the breeze. It is the job of Congress to allocate funding, not the purview of any other branch to redirect our tax dollars without review. Departments and officials being slashed and burned, without review, are finding that they fired a number of essential workers and are calling folks back. In the meantime, the unnecessary upheaval and turmoil creates huge amounts of stress and uncertainty at every level.
Judges and courts at every level are tasked with reviewing the legality of matters brought before them. They are sworn to issue non-partisan decisions reflecting our Constitution and the laws created under that authority. There is a clear system of appeals and several ways to review rulings. Trump is very familiar with this process, as he has sent his legal representatives through it for decades. Yet, he seeks to punish and impeach anyone serving the Judicial branch of government when they disagree with his missives. Much to my dismay, Trump and his Department of Justice are blatantly refusing to abide by the decisions of the courts in many instances. Without respect for the law, where does this leave all of us? Particularly the man who was wrongly sent to El Salvador (Trump officials admit an “administrative error”) on planes that had been told to return to the U.S. in flight. Now, Trump officials say they can’t return him to the U.S. The blatant and bold hypocrisy of this situation is disturbing.
Trump has led and inspired so much internal unrest that I am honestly scared for the democratic foundations of our nation. The installation of Trump loyalists in all areas of government is alarming. Dictators around the world have begun their rule with these same tactics. We are left with few or no real allies as the world reacts to Trump’s volatility and reliance on his own judgement almost exclusively. China is moving quickly to fill huge gaps left by the global retreat of the U.S. in many areas. In the U.S., Trump simply released all those jailed for their actions during the January 6, 2021 insurrection and invasion of the Capitol. Vice President Vance stated in early January 2025 that these would be considered on a “case-by-case” basis. However, even the most violent offenders who participated in brutal physical violence against police officers, were given a pardon. Later in January, Vance defended this blanket pardon as “the right decision” (both statements to CBS News).
Given the flood of misinformation and undue governmental influence exerted by Trump in the previous four year administration, I can’t say that I believe anything he says. He and his appointees and followers contradict themselves on a regular basis across the board. The brand of lies and doublespeak that is regularly on display would have earned my children serious penalties during their growing up years. Yet we seem to accept it from the Trump administration as everyday business. And it is devastingly damaging to our country, our allies, our world and our souls.
So I ask – Executive, Legislative, Judiciary. Who is doing the jobs they swore to do? I have been seeking answers and don’t like where Trump is taking the nation. He is already floating his intentions to somehow get a third term in office. He’s too old, by his own standards, and this is unconstitutional. He is aligning himself with dictators and hard line regimes while abandoning our allies and the democratic systems we live by. He is threatening media outlets, law firms, judges and seeking to control wide swathes of American freedoms and expression. He does not want and has no respect for checks and balances. From what I see, I am worried. Make no mistake…Trump doesn’t want to make America great again, he wants to make America his.
As one of the retired judges who signed the letter, I disagree with their assertion, “We are disappointed you failed to express your concerns with us directly before rushing to publish your letter.” I have been in communication with all three of them regarding these issues. Either I received no response or the response was “non-responsive”.
They are afraid of Trump, and how he could affect their political futures. They will follow blindly, whether their constituents like it or not. It is the way of today, as sad as that may be. I used to be proud of our leaders(not these three) in that they thought independently about what benefits the state and its people. Now, they just do as they’re told, and say what the party line is at the time. A sad time for this country as they work to ruin education, freedom of speech, and our military.
The woke officials in the military NEEDED to be FIRED. Including the entire JCS under biden. There was a 3 star that claimed to be female in charge of Space Force under the biden admin that said in a LIVE interview several years ago words to the effect “making sure the troops get butchered is MORE important than NATIONAL Security.” My tax $$$ do NOT need to be spent paying for butchering nake or female troops and supporting their lies. Conveniently, though not surprisingly, the biden admin FAILED to state how many YEARS, those being butchered were out of commission on medical leave or light duty following any procedures done to butcher and rebuild these people. The military’s responsibility is for NATIONAL Security – NOT butchering troops. Our tax $$ do not need to be spent butchering ANYBODY – most especially military personnel, ILLEGALS or peopke in prison.
That Colonel at Space Command, Greenland deserved to be fired.
Reading this report only proves the decision our delegates do nothing and don’t follow their Oath required by Wyoming Constitution and United States Constitution.
These three are one of the reasons that we need Term Limits in the Senate, the House, and the Supreme Court. Age limits would be a good idea as well. Keep in Mind that Baraso was never elected but was re-elected after he was appointed to serve out the term of one of Wyomings better congressional leaders Senator Craig Thomas who died while in office.
Poor Trump. He is a beleaguered victim of the media and election officials and now the laws and justices. Oh woe is him! However can this be? Why is everyone picking on him? Even with a faithful Cadre of lawmakers and an adoring herd of worshippers that praise the very ground Trump walks on, there are always annoying obstacles and pitfalls tripping him up. This administration is becoming a melodramatic farse. Jim Jones is watching Trump from that space ship with envy.
The jenyan communist got the 3rd term he wanted with his flunkie biden. The party and main stream media LIED for 5 years about his dementia and when they could no longer hide it after his disaster in the debate last June, the communist party leadership of obama and pelosi (under the democrat name) STOLE the voting rights of everybody who voted for him in the primaries to be the oary’s nominee in the presidential election when they fired biden. Then continuing the theft of the voting rights, anointed harris who was so bad she couldn’t even win ONE state in the 2020 primaries and as the
WORST vp EVER (in the main stream media), she REFUSED to run in the 2024 cycle. Saying biden quit was a party lie – notice he undermined harris in the 3 months she was spending BILLIONS to tell the public how useless and clueless she was. Everybody knows she got her jobs ax DA, AG, and VP as a party payoff for her time spent with willie brown.
Thanks for a great article Andrew.
It was disturbing, but not surprising, to see our representatives response to the letter sent by the majority of lawyers and judges, retired and active, in this state.
I’ve had the privilege to sit on two jurys presided over by Judge William Downes. He, and the other signatories on this letter, are part of what form a civilized society through their integrity, honesty, and the firm belief in the rule of law. Barrasso, Lummis, and Hageman either never possessed these qualities or abandoned them in pursuit of their total submission to Donald Trump.
Like Trump, our representatives would rather attack a group or an individual who doesn’t align with their position rather than have a “robust conversation”. I’ve quit trying to communicate with them because the only response you receive is a form letter. I can communicate my displeasure with them just as easily in this forum, that is if they read.
There was no politics being played here by these jurist. Just a deep down fear and a wake up call that our country is being lost to a group of ultra right wing zeolots in a slow moving coup.
Thank you very much for your comments Governor Sullivan. You were completely correct in saying we shouldn’t just sit back and watch this happen. Elections are coming around the corner again. My hope is that the decent people of Wyoming will have had enough of the three people we currently have in Washington and start voting for somebody who will represent our “state” and not a political party.
Thanks again to everyone who did the right thing and stood up for what this country is really about.
The Wyoming Delegation is in a trance or out to lunch or something. Someone needs to check in on them and see if anybody is at home.
Hageman, Lummis and Barasso. This might be a footnote in the struggle with the long war on suppression. Getting coordinated action by 100+ lawyers and jurists is great news. For these three to blow them off with childish words does not look like they welcome input from some of Wyoming’s stalwarts who operate in an already harsh political environment fueled by deep pockets who share none of the state’s social concerns, like education, health and welfare. Suicide rate in Wyoming is historically high. That should be concerning. Why?
Bravo, Wyoming jurists!
In Trump’s America, there are no ‘robust’ discussions, only dictatorial edicts. Just as in Nazi Germany, dictatorships sneak up on us when we think it’s not possible here. Wake up, people.
The authors of the open letter to the Congressional Delegation was authored by a selection of truly distinguished Wyoming citizens, including former governors, Supreme Court justices, district judges and attorneys. Judging from the BLH joint response, the public nature of the letter embarrassed them. However, getting the attention of Barrasso, Lummis, and Hageman is impossible. They are completely in thrall to Donald Trump and are engaged in a MAGA competition for Trump’s recognition and favor. The photo of the three of them enjoying a good laugh – at our expense no doubt – is nauseating. The concerns of Wyoming citizens, their constituents, have been summarily ignored. Not one of them even attempts to respond to calls, letters and emails from their constituents in a sincere manner – responses normally have absolutely nothing to do with the original inquiry. It would be laughable if it wasn’t so disturbing. Currying MAGA favor is their whole purpose now, and if those who voted for them are left behind, that’s on them.
The Wyoming Delegation are Trump toadies that have surrendered all ethics and morality to men who are in the process of destroying the rule of law and our democracy.
Could Mike Sullivan please come out of retirement, as well as the other 99, to try to talk sense to the delegation and remind them of what we loved about Wyoming when court decisions were respected….
Barrasso, Lummis and Hageman are traitors. They should be impeached. Where is their concern about maintaining our republican democracy. This is a low point in Wyoming politics.
Do they feel that the 5th Circuit Court is also “activist”, and needs to be reined in? No, of course not.
About the dumbest statement the triplets have made so far…they need to take a course that analyzes the US Constitution.
Trump’s lapdogs.
They are both the problem. My god why is Wyoming such a mess. I swear our political leaders are all so out of touch
Why wouldn’t anyone be surprised by the response from all three of Wyoming’s spineless congressional cowards, blowing off the legitimate concerns of more than 100 retired attorneys and judges. The Three Stooges, Senator John Barrasso, Senator Cynthia Lummis and Representative Harriett Hageman, will never waiver from their bootlicking, lockstep support for convicted felon Donald Trump even when his actions constitute a constitutional crisis. Barrasso, Lummis and Hageman are hellbent on destroying the rule of law and the judicial system.They continue to ignore their sworn oath to protect the U.S. Constitution while at the same time they undermine our democracy, moving our great nation even closer to an autocracy with Trump as a dictator.
Barrasso, Lummis and Hageman are blaming the victim and defending the perpetrator. They know better — Lummis and Hageman hold law degrees from the University of Wyoming, and Barrasso holds undergraduate and medical degrees from Georgetown. They know full well President Trump is in the wrong, but rather than speaking out against him and defending the judiciary and the Constitution, they have chosen to submit to his demands. The reason seems clear to me: They are terrified he will turn against them and end their careers as quickly and effortlessly as he did with former Congresswoman Liz Cheney when she stood up to him for trying to steal the 2020 election. Barrasso, Lummis and Hageman aren’t representing Wyoming or defending the Constitution. They are protecting their own careers.
Lummis & Hageman are know-it-all lawyers, who think that federal judges have too much power. We should think that they have the insight to curb federal judges? They are opining above their pay grade. Social justice anthem “Which side are you on?”
I am so sick of the delegation talk out of both sides of their mouths when it comes to elected and unelected people in government. Obviously being elected isn’t all that great as anyone can be voted into a position they don’t have the qualifications for, however I can not walk into a court room and be a judge because it being an unelected position there is a hiring process ensuring I am qualified. They bemoan and complain about all these unelected people in government and yet blindly follow Must….an unelected-whatever they are calling him these days- making a ton of unilateral and damaging decisions for our country. You can’t have it both ways.
I honestly believe our delegation has sold out to the power of “Trump”. After following recent discussions I believe we ( as a people) are in serious trouble. Our delegation has shown themselves as blind followers of a would be dictator rather than the leaders we elected them to be. Sad.
Maybe instead of impeaching judges, we should impeach Musk et al? But then consistency does not seem to be a concept that the extreme right understands.
Isn’t it amazing that when an unelected, activist judge does everything in her power to block and cover for tRUmp and his careless handling of highly classified government documents, Barasso, Lummis, and HAGeman are all “Great Job for protecting cheato in the courts!” But when judges call tRUmp’s government to task for clear violations of civil rights and freedom of speech, the WyoCabal are all “We MUST block unelected activist judges from holding the administration accountable!” Clearly, they are a bunch of pro-Nazi sycophants that all need to RESIGN!
VOTE FOR FREEDOM!
VOTE THEM OUT!
The Wyoming Congressional delegation’s response was remarkably whiney in being “disappointed you failed to express your concerns with us directly before rushing to publish your letter”. Letters and emails from individuals to our delegation get responses that are mostly canned and meaningless. At least the letter by over 100 lawyers and judges got their attention and forced a response that showed their disregard for the role of the judiciary as a separate and equal branch of government. Instead, they support legislation that would tip the scales in favor of the executive branch whose occupant wants to make the judges subservient to whatever he seeks to do.
Talk about passing the buck!! I wonder just what you 3 think YOUR job and responsibilities might be?????
The rule of law is the glue that holds us together as a civilized nation of individuals with varied beliefs. It’s what we count on to settle the disagreements that divide us and there will be winners and losers. As shadows of the bully dt, our representatives now refuse to accept that sometimes they will lose, that power is to be equally shared, that judges and our laws deserve respect and protection. Outrageous isn’t a strong enough word to describe their inaction here and their blind obedience to an evil, stupid wanna-be dictator instead of our Constitution.
Shocking, look, Wyoming’s federal senators and rep want a king to rule us with no checks. Why not go back to having England rule us?
Our three reps parrot anything the orange menace says. They have become a very dangerous lot, and should be voted out of office.
My question is, How can these 3 elected representatives look themselves in the mirror daily and honestly acknowledge to themselves they have not sold their souls to the devil/trump. I want to believe none of them were raised to whimp away from truth, or to give into pressure when they knew it was wrong! I want to believe they Rode for the Brand and were believed in independence and Wyo values. What was it that said to them, “Integrity and honesty, and caring about and for your neighbors aren’t important! Wyo voters are so dumb they won’t care. I’m a Republican, I can do what ever Trump says and I’ll be OK, I’ll always get re-elected ”
Folks, I have a pup who responds to my concerns more promptly than these 3!
Let’s vote these 3 stooges OUT!!
Fascists always go after the courts. Wannabe fascist leaders calculate that democracy fails if the law does not apply to them. This pertains to electoral results as well as the treatment of political opponents and policies they don’t agree. And let’s be honest WY, at this point destroying our 240+ year old democracy really is the goal. Realizing Americans would not support their toxic policies, the alt-right has set a course to simply dismantle the democratic system. Careful what you wish for orange WY, today may seem like a good time to confidently smirk from so much winning, but that same law you are seeking to discard is the law you’ll clawing at for protection in the future. Ask Rodrigo Duterte or Marine Le Pen, if you need a current example. Historically speaking, fascism throws one heck of a party, and then the bill comes due.
This is an example of the kettle calling the pot black.
Shameless trump bootlickers.
They know one false step and he will primary them out of existence.
Pathetic, weak-spined loosers
They appear to be fine with staying in that special club of republicans who are on the wrong side of history as they choose to side with the traitorous Trump and Musk. I am ashamed of them.
Very telling, the difference between photos: the three of them yucking it up at a conference call where they screen callers, and Hageman actually facing furious constituents. These people are not interested in representing Wyomingites, they care only about keeping from being primaried. They are all cowards ruled by fear. We must do better.
Thanks Andrew and wyofile
“How dare judges rule on the law! Who do they think they are: a coequal branch of government or something?”