PHOENIX, Ariz. — Arizona Attorney General Kris Mayes and 16 other state attorneys general issued a joint statement Friday rebuking Vice President Vance’s recent remarks questioning the role of judicial review.
On February 9, 2025, Vice President Vance argued that judges have no authority to limit executive power, likening judicial intervention in executive decisions to an illegal act.
“If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power,” Vance said.
Attorneys General Push Back
In their statement, the attorneys general called Vance’s assertion “as wrong as it is reckless,” emphasizing that judicial review is a cornerstone of American democracy and serves as a necessary check on executive authority.
“Judges do not ‘control’ executive power. Judges stop the unlawful and unconstitutional exercise of power,”the statement read. “For those who value the original intent of the founders, nothing is more firmly rooted in our legal history than the power of judges to stop the executive from breaking the law.”
The statement invoked the landmark Marbury v. Madison ruling, in which Chief Justice John Marshall famously declared that it is “emphatically the province and duty of the judicial department to say what the law is.”
Legal Action Against Federal Overreach
The attorneys general underscored their commitment to holding the administration accountable, pledging to challenge any unconstitutional executive actions in court.
They cited ongoing legal challenges against executive orders that they argue violate the Constitution, including:
- A ban on birthright citizenship
- An indiscriminate freeze on federal funding
- A cap on vital medical research dollars
- Unauthorized disclosure of Americans’ private records and data
Courts have already granted temporary restraining orders in several of these cases, reaffirming the judiciary’s role in upholding democracy and the rule of law.
“That is and has always been their job. That job is the very core of our legal system. And in this critical moment, we will stand our ground to defend it.”
Broad Coalition of State Attorneys General
The statement, led by Connecticut Attorney General William Tong, was co-signed by AGs from 17 states, including California, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Maine, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Arizona.
As legal battles over executive authority intensify, the attorneys general reaffirmed their commitment to defending constitutional checks and balances, ensuring that no branch of government operates above the law.
