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February 10, 2025

JD Vance says federal courts "aren't allowed" to limit White House's "legitimate power"

In response to Donald Trump's flurry of executive orders since starting his second term, some judges around America are trying to block some of Trump's decisions.

According to The Independent, JD Vance doesn't think that federal judges are allowed to control the actions of the White House.

Like many good controversies, this one started on X, the platform formerly known as Twitter.

"If a judge tried to tell a general how to conduct a military operation, that would be illegal," JD Vance tweeted. "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."

JD Vance's social media post was most likely referencing a February 8 decision from a federal judge that temporarily banned political appointees and "special government employees" like White House adviser and head of the Department of Government Efficiency Elon Musk from accessing sensitive data and payment systems at America's treasury department.

Vance also posted on Twitter arguing that "judicial interference" with the executive branch is a violation of the Constitution's separation of powers.

JD Vance's post was a reshare of a post from a Harvard Law School professor responding to a post by Senator Tom Cotton calling the DOGE ruling a decision from an "outlaw" judge.

It was long before Vance became VP that he was arguing that the White House can defy orders it views as unconstitutional.

"And when the courts — because you will get taken to court — and when the courts stop you, stand before the country like Andrew Jackson did and say: ‘The chief justice has made his ruling. Now let him enforce it,’" Vance said back in 2021.

Liberals argued that Vance's view went against the Constitution and Supreme Court precedent from the earliest days of America's government.

"JD, we both went to law school," Senator Adam Schiff posted on social media. "But we don’t have to be lawyers to know that ignoring court decisions we don’t like puts us on a dangerous path to lawlessness. We just have to swear an oath to the Constitution. And mean it."

Which side do you agree with on this issue?

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