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vendredi 13 février 2026

Washington Erupts After Chip Roy and Jeanine Pirro Unveil Bill Targeting Foreign Law in U.S. Courts 009

 

Washington Erupts After GOP Lawmakers Unveil Bill Targeting Foreign Law in U.S. Courts






Washington, D.C. — In a fierce eruption of political conflict that has gripped the nation’s capital and ignited a broader constitutional debate, Republican lawmakers led by Representative Chip Roy and allies have introduced sweeping legislation aimed at barring the influence of foreign legal systems in U.S. courts. The bill, initially floated under names like the U.S. Courts Act of 2025 and widely discussed in right-wing political circles as the “American Sharia Freedom Act,” has thrust issues of national identity, religious freedom, the scope of judicial power, and constitutional law into the heart of an intense public debate.





Supporters argue the measure is a necessary defense of American constitutional supremacy; opponents warn it dangerously edges toward religious discrimination and could undermine foundational legal principles.




What the Bill Seeks to Do: A Summary





At its core, the proposed legislation aims to prohibit any U.S. federal or state court from enforcing or giving legal weight to “foreign law” that conflicts with constitutional rights. While the precise text of the bill as introduced in Congress remains subject to drafting and amendment, multiple versions and similar proposals provide insight into its intent:





A related House bill (H.R.5512) drafted in September 2025 sought to codify that no court shall enforce any judgment or legal system, including religious or international codes, that violates constitutional protections.




Legislative language in that proposal defined “foreign law” broadly as any legal code or system derived outside the United States — encompassing religious legal traditions when invoked instead of U.S. law.





The measure emphasizes that U.S. federal and state courts must rely solely on American law in adjudicating disputes.





Supporters generally assert the bill would clarify and reinforce the Supremacy Clause of the Constitution, which holds that the Constitution and federal law are “the supreme Law of the Land.” However, critics note that U.S. courts already apply this principle and routinely refuse to enforce foreign judgments or codes that conflict with constitutional rights.




A New Take on an Old Movement




The proposal follows a long history of legislative efforts at state and federal levels to limit the influence of foreign or religious legal systems in American courts. Legal scholars and civil liberties groups have pointed out that, historically, bans on Sharia or other foreign law in courts are often preemptive or symbolic, as U.S. legal standards already prevent enforcement of any law conflicting with constitutional due process or equal protection.





Nonetheless, the renewed push has tapped into broader political anxieties within segments of the GOP — particularly over immigration, cultural change, and what supporters portray as threats to Western legal traditions.




Champions of the Bill: GOP Framing and Rhetoric




Representative Chip Roy has been one of the primary architects and vocal proponents of the effort. In public statements and committee hearings, Roy has articulated a view that legal traditions derived outside the United States — especially any tied to religious or foreign systems — pose an existential threat to the Constitution and American values.





In the House Judiciary Subcommittee on the Constitution and Limited Government, Roy and other lawmakers aligned with the bill held hearings focused on whether applying Sharia law or similar foreign codes in legal contexts could violate constitutional rights. According to reports, Roy told allies in advance of these hearings that Sharia was “incompatible with the Constitution, our way of life, and Western civilization.”




This framing has been central to GOP messaging: the legislation isn’t about religion or targeting any group, they say, but about ensuring that American courts never rely on or endorse legal doctrines that contravene constitutional freedoms.




Other Republican voices have echoed similar sentiments, linking the legislation to broader concerns about immigration and national sovereignty in legal affairs.




The Controversy: Constitutional and Civil Liberties Concerns




The bill’s critics — including many Democrats, civil-rights groups, religious freedom advocates, and constitutional scholars — argue that its focus, especially when framed around specific legal traditions like Sharia, inevitably veers into religious discrimination.




Religious Freedom and the First Amendment




Opposition lawmakers and civil liberties experts have stressed that singling out any religious legal tradition for special prohibition can conflict with the Constitution’s Establishment Clause, which bars government from making any law “respecting an establishment of religion.” Democrats at recent hearings compared the focus on religious legal systems to government endorsement of other religions, arguing that singling out one tradition risks alienating millions of law-abiding citizens and stoking religious animosity.




Groups such as the ACLU have historically opposed broad bans on foreign or religious law as unnecessary and potentially discriminatory, noting that U.S. courts already protect constitutional rights and do not enforce legal norms that infringe fundamental liberties.




Legal Redundancy and Judicial Practice




Legal scholars also point out that, under existing law, U.S. courts already decline to enforce any foreign law or judgment that violates constitutional protections or public policy. The Supremacy Clause and well-established conflict-of-laws principles ensure that constitutional rights — including due process, equal protection, and fundamental liberties — trump any attempt to enforce foreign legal doctrines that would erode them.




Furthermore, federal judicial practice — governed by centuries of precedent — requires that courts evaluate foreign law carefully and only give it effect where appropriate and legally justified. This standard has long protected constitutional rights without need for a sweeping statutory prohibition.




Some constitutional lawyers view the new bill as symbolic political theatre rather than a substantive legal reform, asserting that it would open the door to litigious constitutional challenges without producing meaningful change in daily judicial practice.




Political Fallout and Washington Reaction




The introduction and subsequent debate around the bill has played out against a backdrop of heightened partisanship in Washington. Headlines and commentary across the political spectrum have reflected a sharp ideological divide:




Republican Messaging and Base Support




GOP leaders and conservative commentators have generally rallied behind the bill, emphasizing it as a bold defense of American legal norms. For many within the Republican base, the measure resonates with broader themes of resisting perceived cultural encroachment and defending national sovereignty.




Some conservative activists have praised lawmakers like Roy for bringing the issue to the forefront and forcing a clear ideological moment — one they argue draws a line in the sand on national identity and constitutional purity.




Democratic Outcry and Civil Rights Backlash




Conversely, Democrats have condemned the effort as divisive and discriminatory. In committee hearings and public statements, Democratic lawmakers have accused Republicans of using the foreign-law debate to distract from other pressing national issues, such as economic inequality, immigration reform, and infrastructure.




They warn that by framing the bill around specific legal traditions — especially sharply criticizing Islamic legal systems — Republicans risk fomenting prejudice against religious minorities and violating the constitutional principle of government neutrality toward religion.




Religious freedom groups and civil liberties organizations have also urged caution, arguing that the bill’s focus could inadvertently target peaceful, law-abiding immigrant communities by associating them with legal systems they do not seek to impose on others.




Legal and Judicial Implications




Even if the bill were to pass both chambers of Congress, its ultimate impact would likely be shaped by intense court challenges. Constitutional law experts almost universally predict that broad prohibitions on any foreign or religious legal influence would face scrutiny under both the First Amendment and the basic separation of powers doctrine.




Establishment Clause Challenges




Legal challenges would almost certainly argue that any statute singling out particular religious legal traditions — naming Sharia or similar codes — violates the Constitution’s prohibition against government establishment of religion or preference of one religion over another. This would raise questions about whether government is unduly targeting certain faiths while tolerating others.




Judicial Review and Federalism Concerns




The proposed legislation might also intersect with longstanding judicial practices involving conflict of laws — the legal process courts use when determining which legal system’s rules govern cross-border or international contractual disputes.




In some cases, foreign law is consulted not as enforceable law, but as a factual matter to understand the terms of an agreement or cultural context. Broad statutory prohibition could disrupt these judicial practices and create confusion in commercial or familial legal disputes involving international elements.




Additionally, federal courts may be called on to interpret the bill’s reach — especially how it interacts with existing statutes and constitutional principles. Supreme Court precedent historically acknowledges that U.S. judges may consider foreign law for guidance, even though they are not bound by it. A blanket ban could therefore raise separation of powers questions and complicate standard judicial reasoning.




Historical Context: Foreign Law Bans in U.S. States




This isn’t the first time legal proposals targeting foreign laws have surfaced in the United States. Over the past two decades, numerous states have debated or passed measures aimed at preventing Sharia law or other foreign legal systems from influencing state courts.




State-Level Measures




In several states — including Alabama, Kansas, Louisiana, and Tennessee — ballot initiatives or state statutes have forbidden courts from considering foreign laws that conflict with public policy.




These state laws often generated controversy but largely remained symbolic, as constitutional protections and judicial standards already limited the enforcement of foreign legal codes.




Still, the federal bill represents a major escalation of those efforts, making it a national test case on the role of foreign or religious law in the American legal system.




Public and Cultural Response




The broader public reaction has been equally polarized:




Support Among Conservatives




Many conservative activists, commentators, and grassroots organizations have enthusiastically backed the bill. They argue it sends a clear message: American law is sovereign and cannot be undermined by foreign legal systems. For these supporters, the proposal is not merely legal reform but a cultural affirmation of Western legal traditions and constitutional identity.




Civil Liberties and Religious Freedom Advocates




Groups focused on civil liberties and religious liberty, including mainstream organisations, have urged caution. They claim the legislation, especially in its rhetoric, risks inflaming religious prejudice and undermining long-standing First Amendment principles. Critics argue that singling out any religious or foreign legal tradition — whether Sharia law or others — could lead to discriminatory outcomes and weaken the constitutional commitment to freedom of religion.




Legal Community and Judicial Outlook




Judges and legal scholars have raised questions about the necessity and legality of the proposal. Many argue that existing constitutional safeguards and judicial practice already prevent the enforcement of any foreign law that contradicts fundamental rights. Broad statutory restrictions, they argue, offer little practical improvement while inviting legal uncertainty and litigation.




Conclusion: A Flashpoint in America’s Constitutional Debate




The eruption in Washington over legislation targeting foreign law in U.S. courts reflects deep and enduring tensions at the intersection of law, religion, culture, and constitutional identity. On one side, Republican sponsors cast the bill as a necessary affirmation of American legal sovereignty. On the other, opponents see it as an unnecessary, potentially discriminatory overreach that threatens civil liberties and religious freedom.




Whether the bill advances, stalls, or is reshaped in Congress, its emergence has already forced a national conversation about constitutional priorities, judicial practice, and the meaning of legal identity in an increasingly interconnected world.




As lawmakers and advocates on both sides prepare for what could be a historic legal and political clash, the nation watches a debate that goes far beyond courtroom procedure — touching on the core principles that have defined the United States since its founding.


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