Called on to defend the rule of law, Wyoming's delegation says judges, not Trump, are the problem

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. 

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