The Supreme Court on Tuesday ordered the Maine legislature to count the votes of a GOP lawmaker who was censured after she identified a transgender teen athlete in a viral social-media post.
The court majority sided with Rep. Laurel Libby, who filed an emergency appeal to restore her ability to vote while her lawsuit over the punishment plays out. There were two noted dissents, Justices Sonia Sotomayor and Ketanji Brown Jackson.
The majority did not explain its reasoning, as is typical on the court’s emergency docket. Jackson, for her part, said the case doesn’t seem to be an emergency needing attention from the justices now, since there are no significant upcoming votes where her vote could change the outcome. She acknowledged, though, that the case “raises many difficult questions” and Libby may ultimately win.
The Democratic-controlled House censured Libby after finding her viral post had violated its code of ethics by putting the student at risk. She was blocked from speaking and voting on the floor after she refused to apologize.
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, and would regain her voting power if she apologized.
The Supreme Court’s order halts a lower court ruling that the sanction isn’t severe enough to overcome legal blocks on courts intervening with legislative functions.
Libby’s February post was about a high school athlete who won a girls’ track competition. She said the student had previously competed in boys’ track. Her post included a photo of the student and first-name identification in quotation marks.
Libby’s post went viral, preceding a public disagreement over the issue between Republican President Donald Trump and Democratic Maine Gov. Janet Mills. The Trump administration later filed a lawsuit against the state for not complying with the government’s push to ban transgender athletes.
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Associated Press writer Mark Sherman contributed to this story.
