In a recent podcast interview, Vice President J.D. Vance strongly criticized Chief Justice John Roberts for asserting that the judiciary must act as a check on the executive branch. Calling Roberts’ view “profoundly wrong,” Vance argued that the courts should be more deferential to the president—particularly on immigration matters. “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,” Vance said.
Roberts, speaking in Buffalo, emphasized judicial independence and described the judiciary as a coequal branch of government with the responsibility to interpret the Constitution and check overreach by Congress or the executive. He stated that judicial independence is essential for ensuring that courts can strike down unlawful actions by either of the other branches. Vance rejected this as only part of the judiciary’s role, asserting that the courts should also check their own power.
Vance countered Roberts’ remarks by highlighting immigration as an area where judicial restraint is particularly necessary. While he acknowledged the need to treat migrants humanely, he questioned how much due process is owed to undocumented immigrants. “The amount of process that is due… is, I think, very much an open question,” he said.
He also defended the administration’s use of the 1798 Alien Enemies Act to deport certain immigrants, calling it a legitimate response to public safety threats. Although he admitted the situation doesn’t involve “5 million uniform combatants,” Vance argued that thousands of migrants came to the U.S. with harmful intentions, and in such cases, courts should defer to the president’s national security judgment.
Reflecting on his Catholic faith, Vance admitted there are moral challenges involved in enforcing immigration law. He said that while it is important to uphold the law, it must be done in a way that aligns with religious and ethical standards. “There has to be some way… you’re enforcing the law consistent with the Catholic Church’s moral dictates,” he said.
