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State Attorneys General Lead Charge Against Vice President's Judicial Power Stance, Invoke Marbury v. Madison to Uphold Rule of Law

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Published on February 15, 2025
State Attorneys General Lead Charge Against Vice President's Judicial Power Stance, Invoke Marbury v. Madison to Uphold Rule of LawSource: Wikipedia/Gage Skidmore from Surprise, AZ, United States of America, Please attribute to Gage Skidmore if used elsewhere., CC BY-SA 2.0, via Wikimedia Commons

In a bold rebuke to the Vice President's recent commentary on the scope of judicial power, a collective of diverse state attorneys general has strategically positioned themselves in firm opposition, according to a statement released yesterday. Attorney General Mayes and 17 of her counterparts have publicly denounced the Vice President's take on judicial review, countering that judging acts as a necessary bulwark against executive overreach, not a controlling force over it.

The joint statement, led by Connecticut Attorney General William Tong and echoed by legal figureheads from California to Maine, drew lines back to the words of Chief Justice Marshall in Marbury v. Madison, citing that America is "a government of laws, and not of men," as per the Arizona Attorney General's office. This reiteration serves as a firm reminder of the judiciary's duty to declare what the law is and to prevent the administration from breaching legal confines.

The attorneys draw attention to the series of swift and staunch actions they have taken in courts nationwide, challenging the administration's executive orders and actions that they argue overstep constitutional and legal bounds. They oppose measures such as the attempt to ban birthright citizenship and freeze federal funding, among other issues.

Through motions successfully argued for temporary restraining orders and injunctions, judges across the country have upheld their role in preserving American democracy and rule of law, highlighted by restraining orders to halt alleged unlawful and unconstitutional executive commands. This, they proclaim, is the judiciary's essential function and is fundamental to the legal system's integrity. Attorney General Mayes, along with allies from states like Nevada, New Jersey, and Washington, vows to "stand our ground to defend it," a sentiment captured in the document published by the Arizona Attorney General’s office.

This conglomerate of legal leaders signals a readiness to employ their respective offices' full weight in examining the current administration's steps closely, prepared to act where the Constitution or federal law is perceived to be violated.