Republican Attorneys General Back Censure Appeal of Maine Lawmaker
Fifteen Republican attorneys general, led by West Virginia’s John McCuskey, have filed a friend of the court brief in support of Maine Representative Laurel Libby, R-Auburn. Their action comes in response to Libby’s censure by the Maine Legislature, which they argue was politically motivated and constitutes viewpoint discrimination. The attorneys general are asking the U.S. Supreme Court to restore Libby’s voting and speaking rights, claiming the censure undermines the legislative process and disenfranchises her constituents.
The censure followed a Facebook post by Libby that included the name and images of a transgender high school athlete. In February, Maine House Democrats voted to censure her, prompting Libby to file an emergency Supreme Court application to restore her rights while a federal court considers her lawsuit against House Speaker Ryan Fecteau, D-Biddeford. She argues that her censure violates her First Amendment rights.
While previous court rulings have upheld Fecteau’s legislative immunity—protecting lawmakers from lawsuits regarding their legislative actions—the attorneys general maintain that the targeted censure does not qualify as a legislative act, thus voiding any immunity claims. They argue that such punitive measures impede essential political discourse on contemporary issues like transgender athlete participation.
Maine Attorney General Aaron Frey has stated that the censure focused on Libby’s conduct, not her opinions, and demanded an apology for her actions. Libby has resisted this, accusing Frey of perpetuating harm and asserting that legislative immunity cannot justify censure that suppresses dissenting views.
The case highlights ongoing national debates about free speech and gender issues, with implications for the autonomy of legislators in expressing their views.
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