Attorney General Mayes, along with 16 other state attorneys general, issued a joint statement in response to comments made by Vice President Vance on February 9, 2025. The statement addresses the Vice President's remarks concerning judicial review.
Vice President Vance had 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.”
The group of attorneys general countered this view by stating: “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."
They emphasized the role of judges in maintaining checks and balances within government: “Judges do not ‘control’ executive power. Judges stop the unlawful and unconstitutional exercise of power." They cited Chief Justice Marshall's words from Marbury v. Madison over two centuries ago, underscoring that "it is emphatically the province and duty of the judicial department to say what the law is."
The attorneys general reiterated their commitment to scrutinizing actions taken by the current administration for constitutional compliance: “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 have already filed legal motions seeking temporary restraining orders and injunctions against certain executive orders they deem unlawful or unconstitutional. These include measures related to birthright citizenship bans, federal funding freezes, medical research funding caps, and unauthorized disclosure of private records.
“Judges granted our motions and issued restraining orders to protect the American people, democracy, and the rule of law,” they noted.
This joint statement was led by Connecticut Attorney General William Tong and included signatures from attorneys general representing California, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Maine, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.