OAKLAND – California Attorney General Rob Bonta, along with 16 other state attorneys general, issued a joint statement today in response to comments made by Vice President Vance regarding the role of the judiciary in overseeing executive actions.
The Vice President’s remarks, made on February 9, 2025, suggested that judges had no authority to influence the executive branch’s decisions, stating, “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.”
The state attorneys general firmly rejected the Vice President’s assertions.
“The Vice President’s statement is as wrong as it is reckless,” the joint statement read. “As chief law enforcement officers representing the people of 17 states, we unequivocally reject the Vice President’s attempt to spread this dangerous lie.”
The statement argued that judges do not control executive power; rather, they serve to prevent unlawful and unconstitutional actions by the executive branch. Citing Chief Justice John Marshall’s words from the landmark case Marbury v. Madison, the attorneys general reaffirmed the judiciary’s critical role: “Ours is ‘a government of laws, and not of men,’ and it is emphatically the province and duty of the judicial department to say what the law is.”
The coalition underscored the principle of checks and balances inherent in the U.S. government, stating, “Generals, prosecutors, and all public officials are subject to checks and balances. No one is above the law.”
They also highlighted their commitment to scrutinizing actions taken by the current administration. “If the Constitution or federal law is violated, we will not hesitate to act,” the statement continued.
The attorneys general noted that they have already filed motions in courts nationwide to seek temporary restraining orders and injunctions against what they described as unlawful and unconstitutional executive orders. These include challenges to actions aimed at banning birthright citizenship, freezing federal funding, capping essential medical research funding, and unauthorized disclosures of Americans’ private data.
“Judges granted our motions and issued restraining orders to protect the American people, democracy, and the rule of law. That is and has always been their job,” the statement concluded. “In this critical moment, we will stand our ground to defend it.”
Attorney General Bonta was joined in the statement by his counterparts from Arizona, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.
