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The Executive Branch Must Act Within Its Authority

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Published in Galveston County Daily News March 19, 2025 We are reminded of something former Texas District Court Judge John Ellisor once said.  As he sat on the bench in his courtroom he would look up and see his chair was located directly in line with the two swinging doors entering his courtroom.  He said it was always a visual reminder that as judge he was not there to take sides but to be an honest referee, to make sure the rules were followed, and all parties were treated fairly.    By way of contrast, on February 21st the U.S. Department of Justice (DOJ) filed a misconduct complaint against U.S. District Court Justice Ana Reyes for “hostile and egregious misconduct” and for violating the judicial code of conduct by the way she disrespectfully treated DOJ attorneys during a case about President Trump’s executive order banning transgender people from serving in the military. The complaint cites an instance where she questioned the DOJ attorney about his personal religious beliefs and another when she used him ,“unwillingly,” as a physical prop in a rhetorical exercise at the hearing. In the first instance, Reyes asked the DOJ attorney “What do you think Jesus would say to telling a group of people that they are so worthless that we’re not going to allow them into homeless shelters?”  The question wasn’t only problematic because it was irrelevant to the legal analysis of military policy, but it also placed the attorney in a untenable position if he attempted to answer it.  The attorney, to his credit, answered professionally, “The United State is not going to speculate about what Jesus would have to say about anything.” Reyes also used in appropriate abbreviations when addressing the DOJ attorney; Reyes said “WTF” (What The ****) when asking about his personal religious beliefs; something that most, if not all observers, would find offensive, lacking professionalism and decorum. In the second instance, Justice Reyes set up a physical-rhetorical-exercise about discrimination.  In her hypothetical scenario, she instructed the DOJ attorney to sit down because she decided to bar graduates of the University of Virginia Law School from her courtroom, claiming “they’re all liars and lack integrity.”  The DOJ complaint contends this was an effort by the judge to embarrass government’s counsel and that her directive “served no legitimate judicial purpose” while making the attorney an unwilling participant in a demonstration that was unnecessary – undermining the dignity of counsel and the decorum of the courtroom. This is just one example among many where activists’ judges are making a mockery of our justice system.    In our view, the actions Justice Reyes should be enough to have her disbarred or at least removed from the bench.  Lady justice has a blindfold for a reason.  Justices like former Texas Judge John Ellisor, his character, and his fair treatment of all parties in the cases that came into his courtroom should be the norm.  Those who show favoritism, disregard decorum in the courtroom, or that act like Reyes has should be weeded out of our justice system.
	About the Authors and Columnists 2025 Bill Sargent and Mark Mansius have written over 300 guest columns and editorials over the last ten years for numerous publications and continue to do so. Bill lives in Galveston, Texas and Mark in St. Georges, Utah. Both Bill and Mark ran against each other in the 2012 Republican Primary for Texas Congressional District 14. Since then they have become close friends and colleagues.
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