The legal battle goes on for two Secret Service agents in a case stemming from a 2006 visit to Colorado by Vice President Dick Cheney.

The Associated Press reports that the two agents are asking the Supreme Court to declare them immune from being sued in a First Amendment lawsuit.

The suit was filed by Steven Howards of Colorado, who was arrested by the agents after he touched Cheney on the arm and told him his Iraq war policies were “disgusting,” according to AP.

No fed charges were ever filed and the state charges were dropped. Howards alleged the arrest by agents Virgil D. “Gus” Reichle Jr. and Dan Doyle were in retaliation for criticizing Cheney.

The 10th U.S. Circuit Court of Appeals in Denver upheld Howards right to sue the agents.