Sen. Mike Lee, R-Utah, called on the Supreme Court to rein in what he described as "rogue" state courts that are being used to obstruct federal policy through prolonged and politically motivated lawsuits.
In a guest column published in The Wall Street Journal on Sunday, Lee argued that progressive activists increasingly rely on friendly local courts to stall federal officers and contractors until policies collapse under the weight of delays.
The issue is now before the Supreme Court in Chevron v. Plaquemines Parish.
"Progressives often resort to the corrosive tactic of using local courts to hobble federal officers and contractors until the policy they oppose collapses from delay," Lee wrote.
Lee said he is leading a group of senators who will file a friend-of-the-court brief urging the justices to enforce longstanding laws that allow cases involving federal duties to be moved out of hostile state courts and into federal court.
He traced those protections back to 1812, when Congress acted after local juries punished federal officials for enforcing President Thomas Jefferson's trade embargoes.
"Officers carrying out federal law were hauled into state courts and treated as criminals simply for doing their duty," Lee wrote, prompting Congress to step in and protect federal authority.
Lee noted that similar safeguards were reinforced during the Civil War, reaffirmed during World War II to protect defense contractors, and later clarified by Congress in 2011.
The case now before the Court stems from lawsuits by Louisiana parishes against oil companies over alleged environmental damage.
The companies argue much of the work cited in the lawsuits was carried out under federal direction, including contracts during World War II.
"The quarrel here isn't over the terms of an energy contract," Lee wrote. "It is about whether local courts may assume the power to decide cases that plainly involve federal duties."
Lee warned that allowing state courts to assert such authority could have serious implications for border security. Federal agencies rely on private contractors for transportation, detention, food, and healthcare, he noted.
"If endless lawsuits in blue-state courts are allowed to slow their work, contractors may give up entirely," Lee warned.
He also said religious liberty could be threatened if faith-based charities working with the federal government are targeted by hostile state officials.
Lee described the tactic as "lawfare," arguing that courts are increasingly being used "as instruments of attrition" rather than to resolve legitimate disputes.
"This is sabotage dressed as justice," he wrote.
© 2026 Newsmax. All rights reserved.