Vice President Vance's recent remarks on judicial review have sparked a strong response from ten state attorneys general. On February 9, 2025, Vice President Vance stated, “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.”
In response, Attorney General Charity Clark issued a joint statement signed by her and nine other state attorneys general criticizing the Vice President's comments. The statement reads: “The Vice President’s statement is as wrong as it is reckless. As chief law enforcement officers representing the people of 10 states, we unequivocally reject the Vice President’s attempt to spread this dangerous lie."
The statement emphasizes that judges do not "control" executive power but instead act to stop unlawful and unconstitutional exercises of power. Citing Chief Justice Marshall's words in Marbury v. Madison, they assert that "it is emphatically the province and duty of the judicial department to say what the law is." They argue that this principle of checks and balances is central to American governance.
The attorneys general further stated their commitment: "As Attorneys General, we will carefully scrutinize each and every action taken by this administration. If the Constitution or federal law is violated, we will not hesitate to act."
They reaffirmed their role in protecting democracy and rule of law: "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."
Attorney General Clark was joined by her counterparts from Arizona, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Maine, Minnesota, and Rhode Island in releasing this statement.