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Mark Gordon

Gordon Launches Wyoming Innovation Partnership With $27M In Federal Funds

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By Ellen Fike, Cowboy State Daily

Gov. Mark Gordon announced that he would be allocating $27 million in federal funds to cover the first year of the newly launched Wyoming Innovation Partnership.

The WIP is seen as a new effort to better diversify and grow the state’s economy and workforce. It’s intended to support the state’s overall economic vision set forth by the Wyoming Business Council and support education attainment goals developed by the state.

“I believe there is urgency in launching the first phase of this initiative as a means to help Wyoming’s economy grow and thrive as we move out of the COVID pandemic,” Gordon said. “The projects this funding supports build on successes we have already seen to develop needed workforce and to engage the entrepreneurs of Wyoming so they can innovate and grow businesses and technologies.”

“This investment will utilize our higher education institutions to help chart a path to a healthy future for Wyoming,” Gordon continued. “By working together we can create more opportunities for people to live and work in our state, and ensure our workforce has the skills they need for the jobs and industries of today and into the future.”

In the first phase of the WIP, American Rescue Plan funds will be allocated to both the University of Wyoming and the state’s community colleges for collaborative programs in entrepreneurship, energy, digital infrastructure, technology, tourism and hospitality.

The institutions of higher education are committed to using this as “start-up” funds and plan to develop means to find new efficiencies so that the programs can be self-sustaining.

“We appreciate Governor Gordon’s commitment of this valuable federal funding to help the state’s higher education institutions launch new initiatives that we’re confident will provide strong returns for the state’s long-term economic future,” UW President Ed Seidel said. “This collaboration will allow us to accomplish much more than if we were to act independently, and the opportunities before us are exciting.”

Casper College President Darren Devine said that the funding will help the community colleges both implement WIP and bolster existing efforts that have been launched in recent years.

“ARP funding will serve to leverage hard work already completed over the past several years,” Devine said on behalf of the community colleges and the college commission. “The statewide longitudinal education data system, WyoTransfer process, Wyoming Works, and the attainment work, have all established a strong foundation to work from to enhance our economic development and innovation efforts.”

Among the educational programs that will be launched to serve Wyoming students and businesses is a new Center for Entrepreneurship and Innovation, which includes expanding UW’s IMPACT 307 business incubators, currently located in Laramie, Casper and Sheridan, to all community college cities, including Cheyenne, Gillette and Powell.

The funds will also help start a statewide computing education program, which includes a new School of Computing at UW, the launch of a software development degree with Northern Wyoming Community College District taking the lead on initial program development and delivery and for fintech and blockchain curriculum development and instruction.

In the area of tourism and hospitality, UW will launch its Wyoming Outdoor Recreation, Tourism and Hospitality Center. Casper College, Central Wyoming College, Northwest College, NWCCD and Laramie County Community College will receive program support in search and rescue, culinary and hotel/restaurant/event management training and outdoor recreation and to all of the institutions to establish training programs to address underserved needs in the state’s number two industry.

In the critical areas of energy and natural resources, funding also is provided for power line technology and low-voltage fiber-optic programs at the community colleges.

The WIP is focused on workforce development on high-potential industry sectors both statewide and regionally, including reinforcing support for the successful community college Wyoming Works and Wyoming Investment in Nursing faculty programs.

Embedded within the WIP effort is supporting and training entrepreneurs and new business startups, a research and market analysis agenda aimed at technology transfer and commercialization and developing outside revenue sources such as corporate partnerships to provide new opportunities for students.

The intent is to better focus the state’s resources to assist both existing industries and areas identified as having significant growth potential. Additional industry sectors such as healthcare, agriculture, and manufacturing are part of the multi-year WIP outline.

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Gordon Welcomes News OSHA Won’t Enforce Biden Vaccine Mandate

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By Jim Angell, Cowboy State Daily

Gov. Mark Gordon is welcoming news that a federal agency is suspending enforcement of President Joe Biden’s proposed coronavirus vaccination mandate.

Gordon, in a Facebook post, said he was pleased to hear that the federal Occupational Safety and Health Administration will not enforce a requirement that workers at companies with more than 100 employees get the vaccine or be tested regularly for coronavirus.

“This is welcome news for Wyoming,” Gordon said. “We will continue to fight these unlawful federal policies.”

OSHA’s Wednesday announcement came after a federal appeals court in New Orleans maintained a stay of the mandate issued by a lower court.

A three-judge panel for the Fifth U.S. Circuit Court of Appeals ruled Nov. 12 that plaintiffs behind lawsuits filed against the federal government over the mandate would probably be successful in their claims that the Biden administration had overreached its authority with the mandate.

Biden earlier this year announced his plan to require vaccinations for federal employees, health care workers and workers at companies that employ more than 100.

OSHA was given responsibility for drafting rules to put the mandate in place for large employers. In the case of health care workers, organizations whose employees are not vaccinated could face a loss of Medicaid and Medicare funding.

Wyoming and 10 other states filed a lawsuit against the Biden administration’s proposed mandate for large employers earlier this month, challenging the administration’s ability to dictate to private companies and individuals.

“These legal actions are essential to stopping the unconstitutional mandates from the Biden administration,” Gordon said at the time.

The lawsuit was one of three the state filed to challenge Biden’s mandate. 

A second, filed Nov. 10, was filed against the Centers for Medicare and Medicaid Services over its rule requiring health care workers to be vaccinated. The third, filed Oct. 29, challenges the administration’s vaccine mandate for federal contractors and federally contracted employees.

The legal action has been endorsed by Wyoming’s Legislature in the only bill to clear its recent seven-day special session.

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Gordon Proposes Budget $500 Million Below Current Levels

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By Jim Angell, Cowboy State Daily

Gov. Mark Gordon is proposing a two-year budget for Wyoming that will reduce state spending by about $500 million while setting aside money for future financial woes, he announced Monday.

Gordon on Monday unveiled a proposed 2023-24 budget for the state’s “general fund” — its primary bank account to pay for operations — of $2.3 billion, a cut of about $500 million from his last biennial budget.

The proposed budget for the next biennium comes on the heels of spending cuts made necessary in the current budget because of declines in state mineral income and revenue drops linked to the COVID-19 pandemic.

Gordon said he will look to use federal funds where possible to bolster the 2023-24 state budget, but added he will propose putting $454 million into reserves should the state face another unexpected drop in revenue.

“Last year we saw historic drops in revenue that required that we make really drastic cuts,” he said. “I propose investing $454 million … to prevent future draconian cuts.”

In addition to the regular budget which will be submitted to the Legislature for consideration during its budget session that begins in February, Gordon said he will submit a plan for the use of American Rescue Plan Act money to bolster state finances and help offset revenue losses.

Top priorities for spending in the next budget bill include building maintenance that was put off to reduce spending in the current budget and maintaining spending for the University of Wyoming and the state’s community colleges so they do not lose their accreditation, Gordon said.

“In some cases, further cuts cannot be made without compromising the state’s institutions,” he said. “For example, Wyoming’s ability to maintain its accreditation of its higher education institutions could be put in danger.”

Gordon also put an emphasis on bring the salaries paid the state’s employees to a level closer to existing market levels.

The state’s employees, on average, are paid 20% below market levels found in 2017, according to Kevin Hibbard, director of the state Budget Office.

Gordon said 38% of the state’s employees have taken on second jobs and 3% receive some form of public assistance.

The disparity between the pay for Wyoming employees and that of workers for neighboring states and in the private sector makes it difficult to attract and retain employees in state government, Gordon said.

As a result, he said he will work to move salaries for employees of all three government branches closer to market levels.

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Gordon Signs Special Session Bill That Pushes Back Against Vaccine Mandates

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By Ellen Fike, Cowboy State Daily

Gov. Mark Gordon signed the one bill that made it through the recent Wyoming Legislature special session that proposes action in opposition to the federal vaccine mandate.

On Friday, Gordon signed HB1002, which prohibits state and local public entities from enforcing a federal mandate. However, it would not take effect until a federal court, in response to legal action, blocks the mandate.

The bill also provides $4 million to help those harmed physically or financially by the mandate take legal action against the federal government and expresses support for Wyoming taking legal action to halt the mandate.

Gordon noted that he had already committed to challenging President Joe Biden administration’s vaccine mandates in the courts prior to the special session being called.

He added while he appreciated the Legislature’s support through the bill, he was concerned about the cost to taxpayers of the special session.

“This bill confirms the Legislature’s support for the Executive branch’s previously-expressed determination to fight federal overreach in the courts,” Gordon said. “I thank the Legislature for recognizing their distinct constitutional responsibility as appropriators in forwarding resources to support this endeavor. The people of Wyoming can rest assured that this Governor will always be committed to protecting the constitutionally enumerated rights of Wyoming citizens.”

Wyoming has filed three separate legal actions to challenge the federal vaccine mandates, including a lawsuit against the Biden administration for imposing a vaccine mandate on federal contractors and federally contracted employees.

A second lawsuit challenges the Occupational Safety and Health Administration laws that require any worker for a company employing more than 100 people to get a vaccine or be tested regularly for coronavirus. The third asks a federal court to overturn the vaccine mandate on health care workers throughout the nation. 

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Wyoming Files Third Lawsuit Over Biden’s Vaccine Mandate

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By Jim Angell, Cowboy State Daily

Wyoming on Wednesday filed a third lawsuit aimed at stopping the federal coronavirus vaccine mandate proposed by President Joe Biden.

Gov. Mark Gordon announced that the state had joined nine others in challenging the portion of the mandate that would require vaccinations for health care workers.

“Wyoming continues to face a significant shortage of health care workers and this federal mandate will only exacerbate our health care staffing issues,” Gordon said in a statement. “This administration needs to understand that overreaching policies that force employees to choose between vaccination and termination negatively impact Wyoming communities, rural health care and residents of skilled nursing facilities.”

Biden earlier this year announced he planned to require federal employees, health care workers and workers at companies employing more than 100 people to either get the coronavirus vaccine or be tested regularly for the disease.

The mandate on health care workers will come in the form of rules from the Centers for Medicare and Medicaid Services, which is named as a defendant in the lawsuit.

Wyoming and the other states in October filed a lawsuit against the Biden administration seeking to halt the vaccine requirement for federal contractors and federally contracted employees. Earlier this month, the state joined in a second lawsuit against the Occupational Safety and Health Administration seeking to block the vaccination mandate for companies employing more than 100 people.

The lawsuit filed Wednesday in U.S. District Court in Missouri said the mandate could further reduce the ranks of health care workers in rural areas.

“Indeed, the circumstances in the Plaintiff States—facts that CMS, which skipped notice-and-comment rulemaking, did not fully consider—foreshadow an impending disaster in the healthcare industry,” it said. “By ignoring the facts on the ground and unreasonably dismissing concerns about workforce shortages, the CMS vaccine mandate jeopardizes the healthcare interests of rural Americans.”

The lawsuit asks the court to find the vaccine mandate as imposed by the CMS to be unconstitutional, voiding it and putting measures in place to prevent the agency from imposing any kind of vaccine mandate.

Other states involved in the lawsuit are Missouri, Nebraska, Arkansas, Kansas, Iowa, Alaska, South Dakota, North Dakota and New Hampshire.

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Wyoming Files Lawsuit Against Biden, Calls Mandate “Unconstitutional”

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By Ellen Fike, Cowboy State Daily

On Friday, Wyoming and 10 other states filed a lawsuit to halt the emergency temporary standard for vaccines issued by President Joe Biden’s administration, Gov. Mark Gordon’s office announced.

The Occupational Safety and Health Administration is mandating vaccines on employees of private Wyoming businesses with over 100 employees. A petition for judicial review was filed in the U. S. 8th Circuit Court of Appeals on Friday, and a motion for stay is expected to be filed early next week.

Additionally, Wyoming and several other states filed a motion for preliminary injunction in the previously filed suit against the Biden administration regarding vaccine mandates for federal contractors. The coalition of states is asking the court to stop the Biden administration from taking any action to implement or enforce the federal contractor vaccine mandate. 

“These legal actions are essential to stopping the unconstitutional mandates from the Biden Administration. This is a result of the hard work by our Attorney General,” Gordon said. “I thank General [Bridget] Hill and her team for their efforts to protect the rights of Wyoming citizens and her industries. We have been preparing for this battle and, as promised, we are now joined in the fight to protect our civil liberties. Rest assured I am committed to using every tool possible to oppose these unlawful federal policies.”

Friday’s lawsuit challenges the emergency temporary standard adopted by OSHA which requires private employers with 100 or more employees to mandate their employees get vaccinated or implement weekly testing and mask requirements.

Non-compliant businesses could potentially face steep fines.

According to Robin Sessions Cooley, director of the Wyoming Department of Workforce Services, a total of 106,462 individuals in Wyoming work for private and public employers with at least 100 employees, which means 41.7% of the total Wyoming workforce and 18.5% of the total population of Wyoming would be covered by the mandate.   

“This mandate is unconstitutional, unlawful, and unwise,” the petition stated. “The federal government lacks constitutional authority under its enumerated powers to issue this mandate, and its attempt to do so unconstitutionally infringes on the States’ powers expressly reserved by the 10th Amendment. OSHA also lacks statutory authority to issue this mandate, which it shoe-horned into statutes that govern workplace safety, and which were never intended to federalize public-health policy.”

The lawsuit is asking the court for an immediate stay pending judicial review.

The states in this suit are Missouri, Nebraska, Montana, Arizona, Alaska, Arkansas, Iowa, New Hampshire, North Dakota, South Dakota, and Wyoming.  

“For over a century, the U.S. Supreme Court has recognized that policies on compulsory vaccination lie within the police powers of the States, and that ‘they are matters that do not ordinarily concern the national government.’ Until quite recently, the Biden Administration agreed,” the petition said. “The White House stated…that mandating vaccines is ‘not the role of the federal government.’ But on September 9, 2021, that position underwent a dramatic reversal.”

The details of the rules needed to put the mandate in place were released Thursday. 

Gordon’s announcement came two days after Wyoming’s Legislature completed its special session aimed at charting the state’s response to the mandates.

Of the 20 bills proposed for review during the session, only one won final approval. It would prohibit state and local public entities from enforcing a federal mandate, but it would not take effect until a federal court, in response to legal action, blocks the mandate.

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Wyoming To Sue Biden Administration on Friday Over Fed Vaccine Mandate

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By Jim Angell, Cowboy State Daily

Wyoming will join several other states in suing the federal government over the coronavirus vaccine mandate proposed by President Joe Biden, Gov. Mark Gordon announced Thursday.

Gordon said the state will file a lawsuit as soon as the rules to put Biden’s mandate in place are issued by the federal Occupational Safety and Health Administration, a move expected Friday.

“We have prepared for this moment and the attorney general has a strong legal strategy she developed with a coalition of other attorneys general,” Gordon said. “We cannot allow the rights of Wyoming citizens and her industries to be trampled by federal overreach.”

Biden’s proposal would require that all federal workers, health care employees and employees of companies with more than 100 people get the coronavirus vaccine or be tested regularly for the illness.

The details of the rules needed to put the mandate in place were released Thursday. 

Under the rules, companies affected by the mandate would have to make sure their employees are vaccinated by Jan. 4.

Wyoming has already challenged an executive order issued by Biden that mandated vaccines for federal contractors.

Gordon’s announcement came one day after Wyoming’s Legislature completed its special session aimed at charting the state’s response to the mandates.

Of the 20 bills proposed for review during the session, only one won final approval. It would prohibit state and local public entities from enforcing a federal mandate, but it would not take effect until a federal court, in response to legal action, blocks the mandate.

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Wyoming Joins 10-State Lawsuit To Halt Biden’s Vaccine Mandate

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By Ellen Fike, Cowboy State Daily

Wyoming Attorney General Bridget Hill has joined a 10-state coalition led by Missouri in filing a lawsuit against President Joe Biden’s administration for his proposed coronavirus vaccine mandates.

Gov. Mark Gordon’s office announced the move on Friday.

The lawsuit challenges the Biden administration’s use of federal procurement statutes to mandate vaccinations through Executive Order 14042

“This vaccine mandate for federal contractors is a clear example of the extreme federal overreach  that Wyoming must put an end to,” Gordon said in a prepared statement. “Today, as promised, we take action as a broad coalition of which General Hill is proud to be a part. We are committed to defend the interests of Wyoming’s people and protect them from further federal intrusion into our lives.”

The lawsuit incorporates 12 counts and alleges that the Sept. 9 executive order enacted by the Biden administration usurps the states’ police powers, usurps states’ rights in violation fo the U.S. Constitution, violates the Procurement Act, violates the Administrative Procedures Act, and is an unconstitutional exercise of spending power.  

Speaking about how the vaccine mandate violates the Procurement Act, the lawsuit states, “Far from increasing economy and efficiency in procurement, the contractor vaccine mandate will cause large-scale resignations of unvaccinated employees of federal contractors. These disruptive consequences will directly oppose both ‘economy’ and ‘efficiency’ of the marketplace.”

The lawsuit also takes issue with the scope of the mandate stating that, “On its face, the contractor vaccine mandate therefore applies to any employee of a contractor or subcontractor who is a party to a federal contract, even if the work they do is wholly unrelated to the contract, and even if it is not certain they will ever be working in a location with an employee who is actually working on a federal contract.”

In addition, the lawsuit states that the vaccine mandate is unconstitutional, arguing, “Defendants, through their vaccine mandate, have exercised power far beyond what was delegated to the federal government by constitutional mandate or congressional action. Neither Article II of the U.S. Constitution nor any act of Congress authorizes defendants to implement their vaccine mandate. The power to impose vaccine mandates, to the extent that any such power exists, is a power reserved to the States.” 

The lawsuit asks the court to declare the vaccine mandate unlawful and enjoin defendants from enforcing the vaccine mandate.

Joining Wyoming and Missouri in the lawsuit are attorneys general from Alaska, Arkansas, Iowa, Montana, Nebraska, New Hampshire, North Dakota and South Dakota. 

Wyoming’s involvement in the lawsuit is part of a two-pronged approach taken by the state to battle the federal mandate.

The Legislature will continue its special session — the second prong — next week to review legislation aimed at reducing the impact of the mandate.

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Gordon Says Proposed Federal Vaccine Mandates Offensive To Wyoming

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By Jim Angell, Cowboy State Daily

Proposed federal mandates for coronavirus vaccinations are offensive to Wyoming residents and must be addressed, Gov. Mark Gordon said Tuesday.

Gordon, in welcoming comments to the Legislature as it convened for its 3-day special session, said the vaccination requirements proposed by the administration of President Joe Biden is a form of federal overreach that is opposed by Wyoming residents.

“It has been hard to stomach the increasingly aggressive license the Biden Administration has taken over the past few months to extend the federal government’s overreach into our lives,” Gordon said in his prepared comments. “This temerity is offensive to me, to you, to Wyoming citizens, and to the Constitution that enumerates our rights. It must be stopped.”

Legislators met Tuesday to begin the special session aimed at preparing Wyoming’s response to the proposed mandates, which would require federal employees, health care workers and workers for companies that employ 100 or more people.

Bills filed for consideration would take steps such as prohibiting employers from discriminating against those who have not been vaccinated or creating exemptions to the federal requirements.

Gordon referred to the administration’s mandate and the pending release of federal labor rules to put it in place as “blackmail.”

“I am incensed that the Biden administration would have the audacity to mandate that private employers require their employers to be vaccinated against COVID-19, and find it unconscionable to threaten to withhold Medicare and Medicaid reimbursements unless mandates are enforced,” he said. “Using taxpayer dollars in an attempt to coerce compliance is nothing more than blackmail.”

Gordon said Attorney General Bridget Hill is working with other states to prepare for possible legal action against what he called federal overreach.

Gordon urged the Legislature to address proposed legislation quickly in charting the state’s response to the rules.

“I appreciate the challenges you have ahead of you to be both thoughtful and to act urgently with purpose and merit,” he said. “I look forward to seeing the fruits of your labor and will review them carefully and without prejudice, as is customary.”

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Gordon: Government Should Be Limited With As Few Regulations As Possible

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By Gov. Mark Gordon, guest columnist

Wyoming has always been about small government and limited regulations.  These are core values to me. I remember well my father working to protect Wyoming’s Right to Work laws.  Our family eagerly supported Malcolm Wallop’s successful Senate bid in 1976.  He was unshakeable in his conservatism and fought constantly against government overreach. In fact, one of the most memorable political ads of all time was Malcolm taking the Occupational Safety and Health Administration to task for ridiculous regulations. It featured a puzzled cowboy preparing to head out on the range, and having to strap a portable toilet to a pack horse because of OSHA’s overregulation.  It was a great ad that highlighted wrongheaded regulations crafted in DC that lack awareness of what makes sense on the ground.

Big government is a cancer.  As a conservative Republican I have, and always will support the rights of private individuals and their rights as business owners to operate their enterprise as they see fit. We need fewer regulations, not more.  I oppose growing government interference.

As I write this, OSHA is preparing new rules that purport to shape how businesses must operate across the country. In this instance, it is a mandate that employers require that their employees get a COVID-19 vaccine. And there are other hair-brained ideas on the way, including those that would force health care facilities to require vaccinations in order to receive Medicare and Medicaid reimbursements.  Holding our seniors and Medicaid recipients hostage is just plain wrong. 

This federal overreach is plainly unacceptable.  Let me be clear: Wyoming will use every means at our disposal to thwart these efforts to erode our rights. I have directed Wyoming’s Attorney General to work with other states to prepare for litigation once the vaccine mandate regulations are released. 

From the outset of this Biden threat, Legislative leadership and I have been aligned in our steadfast opposition to federal overreach.  Rest assured, we have heard similar sentiments from all corners of the state.  Together, we are working hard on behalf of Wyoming.  However, I will not support state over-reach into our private and business lives.

As chief executive of Wyoming, I’m acutely aware of the limits imposed on my office by our Constitution and the statutes passed by our Legislature.  Wyoming’s statutes do not provide the Governor with unlimited power.  For example, Wyoming’s brand of Executive Orders (EOs) do not give the Governor the same tools that the Texas Legislature has given their Governor. Because Wyoming’s Governor does not have statutory authority to enforce an EO similar to Texas’ Governor, I have not issued one. Frankly, I am not disappointed because I believe in my core that Wyomingites don’t want a supreme executive in the first place. Government must be held in check.

The Wyoming Legislature has the authority to call itself into session when they are so inclined.  Their process is not easy, and it isn’t meant to be.  Wyoming prides herself on a citizen legislature made up of men and women with jobs, businesses, and obligations that are not wholly political in nature.  We are blessed that we do not have a “political class” as found in New York, California, or Illinois.  Wyoming has avoided that pitfall by limiting the days that our Legislature can be in session, thereby assuring that our legislators continue their other work, and concentrate on politics as a service. 

The Legislature is following its process.  I look forward to continuing to work with them to see that we protect the rights of Wyoming individuals and businesses. It is, and always has been, a delicate balance.

Ultimately, I remain committed to conservative Republican principles: minimal government closest to the people, individual liberty, and the freedom to operate your business unconstrained from government mandates. I will always stand for the Constitution and the rule of law.  I was proud when former President Donald Trump recognized Wyoming’s limited regulations when I met with him at the White House in 2019. I continue to be proud of our state’s commitment to keep out of the business of our citizens and their businesses.

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