America’s judges are trying to “overturn the will of the American people,” according to Vice President JD Vance.
Speaking to The New York Times podcast “Interesting Times,” the Vice President said two key principles—the interpretation of the law and the will of the American people to decide how they’re governed—risk coming into conflict if courts continue to exercise unchecked power.
“That’s the fundamental small “d” democratic principle that’s at the heart of the American project,” Vance said.
“I think that you are seeing, and I know this is inflammatory, but I think you are seeing an effort by the courts to quite literally overturn the will of the American people.”
Vice President Vance said it was a small minority of courts that were causing the problem, but he added that it wasn’t clear the Supreme Court fully understands its role in keeping lower courts in check, as well as the executive branch.
“I saw an interview with Chief Justice Roberts recently where he said the role of the court is to check the excesses of the executive,” Vance said. “I thought that was a profoundly wrong sentiment. That’s one-half of his job. The other half of his job is to check the excesses of his own branch.
“You cannot have a country where the American people keep on electing immigration enforcement and the courts tell the American people they’re not allowed to have what they voted for. That’s where we are right now.”
The Trump administration’s agenda has been significantly hampered by the judiciary, especially via the use of so-called “nationwide injunctions,” rulings by federal judges that have a nationwide effect beyond individual cases.
Between 20 January 2025 and 29 April 2025, there were at least 25 nationwide injunctions issued against the Trump administration. By contrast, just 12 were issued during the presidencies of George W. Bush and 19 during those of Barack Obama. There were 64 during the first Trump presidency.
On Wednesday, Biden-appointee District Judge Brian Murphy ruled that eight foreign nationals on their way to Sudan must not proceed on to their final destination, but must be given “reasonable fear” interviews in private and access to counsel, as if they were still in the United States.
The judge also ordered the Trump admin to provide regular weekly updates to the court about the status of the men.
In his interview with The New York Times, Vice President Vance said the Trump administration would continue to pursue its immigration agenda through the courts.
He added that he believes the courts need to be “deferential” to the President, who represents the will of the American people.
“I think that the courts need to be somewhat deferential,” Vance said.
“In fact, I think the design is that they should be extremely deferential to these questions of political judgment made by the people’s elected President of the United States.”