California Attorney General Rob Bonta, along with attorneys general from 16 other states, issued a joint statement addressing comments made by Vice President Vance on February 9, 2025. The remarks in question pertained to judicial review and the role of judges in relation to executive power.
The statement begins by challenging Vice President Vance's assertions: “The Vice President’s statement is as wrong as it is reckless. 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 attorneys general emphasized that judges do not control executive power but act as a check on unlawful and unconstitutional exercises of power.
Quoting Chief Justice Marshall from Marbury v. Madison, the statement reiterated the principle that "ours is ‘a government of laws, and not of men,’ and that ‘it is emphatically the province and duty of the judicial department to say what the law is.’" This underscores their view that judicial review is deeply rooted in American legal tradition.
The group further highlighted the importance of checks and balances within government: “Americans understand the principle of checks and balances. The judiciary is a check on unlawful action by the executive and legislative branches of government.” They affirmed their commitment to scrutinizing every action taken by the current administration for constitutional compliance.
In recent actions, these attorneys general have filed motions seeking temporary restraining orders against several executive actions they deem unlawful. These include efforts to ban birthright citizenship, freeze federal funding indiscriminately, cap medical research funding, and disclose private records without authorization. They noted success in having judges grant these motions to protect democracy and uphold legal principles.
Attorney General Bonta's statement was co-signed by his counterparts from Connecticut, Arizona, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Maine, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.