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Attorneys General Unite Against Vice President's Judicial Review Remarks, Vow to Uphold Constitutional Checks and Balances

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Published on February 15, 2025
Attorneys General Unite Against Vice President's Judicial Review Remarks, Vow to Uphold Constitutional Checks and BalancesSource: Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons

Attorney General Kwame Raoul, alongside 17 state attorneys general, recently took a stand against Vice President Vance's controversial remarks on judicial review. In a joint statement, they voiced a collective denouncement of the vice president's claims, emphasizing the historic and constitutional significance of judicial checks on the other branches of government. The attorneys general made it clear that they hold a dissenting viewpoint on the vice president's narrative which was brought to light in comments made on February 9, 2025.

According to the joint statement, what the vice president considers to be "control" over the executive, the attorney generals see as "the province and duty of the judicial department to say what the law is," referencing the landmark case of Marbury v. Madison. This case, they assert, is a foundational stone of the American legal system, established to prevent any form of government from overstepping its bounds. Their message was to unanimously reject the spread of what they termed a dangerous lie and to remind everyone that the judiciary exists as a check to safeguard against unlawful action by both the executive and legislative branches.

The signatories of the statement made their stance clear: they are prepared to rigorously scrutinize each action taken by the administration. "If the Constitution or federal law is violated, we will not hesitate to act," they declared. Part of their intention was to relay their commitment to defending the concepts of checks and balances and the rule of law in the U.S. justice system. They wanted the public to understand that their offices are front-line defenders of democracy and that they are ready to bring legal challenges should the need arise.

In stating their commitment to upholding constitutional values, they referenced specific actions they have taken, including filing motions to obtain temporary restraining orders and injunctions against what they consider to be unlawful and unconstitutional executive orders. These orders include attempts to ban birthright citizenship, indiscriminately freeze federal funding, cap vital medical research dollars, and grant unauthorized disclosure of Americans’ private records and data. Judges have since granted these motions, which according to the attorneys general, clearly demonstrates the judiciary fulfilling its core function in the legal system. This coordinated legal pushback against the executive branch serves to highlight the attorneys general's resolve to continually stand their ground in defense of the American legal tradition.

The states represented in the statement include a swath of the nation, from Arizona to Washington. These attorneys general jointly take up the mantle of resistance, displaying a united front in a divisive political climate.