AUGUSTA — The nation’s top court on Tuesday ordered the Maine House of Representatives to restore the voting rights of Rep. Laurel Libby, a Republican lawmaker who was censured two months ago for a viral social media post identifying a transgender high school athlete.
A majority of the U.S. Supreme Court sided with Libby after she filed an emergency appeal arguing that she should have the right to vote on legislation while her lawsuit over the punishment plays out. Two justices, Sonia Sotomayor and Ketanji Brown Jackson, disagreed with the ruling.
Although her case is still pending in lower courts and she could still lose her right to vote in the future, Libby celebrated Tuesday’s decision, calling it a victory for the Constitution. She says the ruling affirms her argument “that no state Legislature has the power to silence an elected official simply for speaking truthfully about issues that matter.”
“This decision restores the voice of 9,000 Mainers who were wrongly silenced,” Libby said, referring to her constituents in Auburn and Minot. “I am grateful for the Court’s action, and I am ready to get back to work representing the people of House District 90.”
The Democratic majority in the House voted to censure the Auburn Republican in February for a viral Facebook post they said violated the chamber’s code of ethics by putting the student and the broader school community at risk of harassment, intimidation and violence. Under long-standing House rules, a censured lawmaker cannot speak or vote on the floor unless they apologize, which Libby has refused to do.
Libby said the punishment violates her right to free speech and leaves her district without representation.
Maine state attorneys argued that she still has other ways to participate in the legislative process, such as through committee work, and that she could regain her voting privilege if she apologized.
The ruling in Libby’s favor was brief and not signed by any individual justice. It was apparently supported by seven of the justices.
In her dissent, Justice Jackson wrote that the court has issued similar injunctions sparingly in the past and only in cases where intervention is needed to further the court’s jurisdiction and when the applicant’s entitlement to relief is “indisputably clear.”
“In my view, these applicants have not met this high bar,” Jackson wrote. “The watering down of our Court’s standards for granting emergency relief is, to me, an unfortunate development.”
Jackson noted that the 1st U.S. Circuit Court of Appeals is moving quickly on Libby’s lawsuit, with hearings scheduled within weeks. And she argued that Libby had not pointed to any significant upcoming votes where her vote could impact the outcome. She said Libby’s case raises valid questions, but those have yet to be decided by a court, so they can’t be indisputably clear.
“I think this clear departure from past practice is both inequitable and unwise,” Jackson said.
House Speaker Ryan Fecteau said in a written statement that the House had complied with the order.
“In accordance with the Supreme Court’s injunction pending appeal, Representative Libby’s ability to vote on the floor of the House has been restored until the current appeal process runs its course,” Fecteau said. “We look forward to continuing with the important work Maine people expect of us.”
A spokesperson for Maine Attorney General Aaron Frey declined to provide a response to the decision.
REPUBLICANS APPLAUD RULING
Libby’s Republican colleagues, who have repeatedly called on Democrats to lift the censure, joined her in celebrating the court’s ruling.
“House Republicans stood united in opposing what we knew was an unconstitutional expulsion by the Democrats and today we stand vindicated by the Supreme Court’s decision to restore Representative Libby’s vote in the House,” House Republican Leader Billy Bob Faulkingham, R-Winter Harbor, said in a written statement.
Libby’s February post featured photos of a high school athlete who won a girls track competition and who had competed in boys track the previous year. Her post included a photo of the student and first names in quotation marks, as well as the school’s name.
Libby’s post went viral, causing the student’s school district to beef up security when students returned from February vacation. The athlete has received an outpouring of support from 30 state and national groups, and hundreds of local community members, who held a rally in March.
The post got the attention of the Trump administration, which has demanded that trans athletes be banned from girls and women’s sports, and it sparked a White House confrontation over the issue between Republican President Donald Trump and Democratic Maine Gov. Janet Mills. While Mills has argued that the state is following federal or state laws, Trump threatened to cut off federal funds and his administration eventually filed a lawsuit against the state for not complying with Trump’s executive order.
Mills’ stance drew national attention and she earned both praise and criticism for standing up to Trump.
Libby, meanwhile, also received national attention for her defiance and position on transgender athletes, making the rounds on conservative programs and raising money in the process. She traveled to Washington, D.C., last month to stand beside U.S. Attorney General Pam Bondi as she announced the administration’s lawsuit against the state for allowing transgender girls to compete in girl’s sports.
Libby and her supporters have argued that the censure was intended to silence dissent about trans athletes, while Democrats have maintained the action was taken because putting a child at risk violated House ethics standards.
Maine Republicans are pushing for legislation that would ban trans athletes and potentially roll back transgender rights. During a public hearing this month, supporters of transgender athletes and students vastly outnumbered those advocating for additional restrictions on transgender student access to sports, bathrooms and changing facilities.
The Judiciary Committee began discussing those bills Tuesday afternoon, and floor votes are expected in the coming weeks.
Note: This story was updated May 22 to correct a reference to Libby’s emergency appeal to the Supreme Court. The appeal focused exclusively on her right to vote while her broader lawsuit moves forward.
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