Maine Attorney General Opposes Lawmaker’s Bid for Rights Restoration in Censure Case
August 10, 2023 — AUGUSTA — Maine’s Attorney General, Aaron Frey, has urged the U.S. Supreme Court to reject a last-minute request from censured state Representative Laurel Libby (R-Auburn) to restore her voting and speaking rights. Frey highlighted that the censure, akin to past resolutions, requires Libby to apologize for her conduct, not retract her views, which she has consistently refused to do.
In a detailed brief spanning nearly 50 pages, Frey argued that Libby’s appeal seeks to entangle the Supreme Court in a legislative matter and potentially undermine legislative immunity. Libby faced censure from House Democrats following a controversial social media post featuring images of a transgender high school athlete, which raised safety concerns.
Libby filed her emergency appeal on April 28 after both a federal district court and a court of appeals dismissed her request. She contends that restoring her rights is essential to effectively represent her constituents while her lawsuit against House Speaker Ryan Fecteau is pending. Her appeal specifically challenges the censure on the grounds of violating her First Amendment right to free speech and her 14th Amendment right to due process.
Although she has been barred from participating in House discussions, Libby is still permitted to testify in legislative committees and introduce bills. Under House rules, she could reclaim her voting and speaking privileges by issuing a public apology, a step she has so far resisted.
Libby has garnered national attention as she engages with prominent figures, including U.S. Attorney General Pam Bondi, on the issue of transgender athletes, linking her personal fight with broader national discussions. Her case will now await decision from Justice Ketanji Brown Jackson, who oversees emergency requests from the 1st U.S. Circuit Court of Appeals.
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