The Supreme Court has intervened in a contentious debate over free speech and legislative conduct, ordering Maine’s legislature to count the votes of a Republican lawmaker who was censured. The action follows Rep. Laurel Libby’s viral social media post identifying a transgender student-athlete, which triggered ethical concerns.
In a ruling on Tuesday, the court sided with Rep. Laurel Libby, who sought emergency relief to regain her voting rights while her lawsuit challenging the censure is pending. Justices Sonia Sotomayor and Ketanji Brown Jackson dissented, with Jackson noting the absence of imminent votes where Libby’s involvement would be pivotal, although she admitted the case presents challenging issues and Libby might ultimately prevail.
The censure, imposed by Maine’s Democratic-led House, followed their finding that Libby’s post breached ethical guidelines by potentially endangering the student. Libby, refusing to apologize, was barred from participating in debates and voting.
Libby contends that her punishment infringes on free speech, asserting that the Supreme Court’s order reinstates the legislative voice for her constituents. She remarked, “This is a victory not just for my constituents, but for the Constitution itself.”
Maine’s legal team argued that Libby could still engage in legislative activities through other means and would regain her voting rights if she issued an apology. The state’s attorney general’s office abstained from commenting on Tuesday. Meanwhile, House Speaker Ryan Fecteau confirmed compliance with the Supreme Court’s directive.
“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 stated.
The Supreme Court’s decision pauses a lower court ruling that deemed the censure insufficiently severe to warrant judicial interference in legislative affairs.
Libby’s social media post from February highlighted a high school athlete’s victory in a girls’ track event, noting the student’s previous participation in boys’ sports. The post, which included the student’s photo and first name in quotes, went viral, sparking a broader public debate involving former President Donald Trump and Maine Governor Janet Mills. The Trump administration subsequently initiated legal action against the state for non-compliance with federal directives to restrict transgender athletes.
