Republican Attorneys General Support Maine Lawmaker in Censure Dispute
Fifteen Republican attorneys general, led by West Virginia’s John McCuskey, have filed a friend of the court brief advocating for Rep. Laurel Libby, R-Auburn, following her censure in the Maine Legislature. The attorneys general argue that the censure is politically motivated and constitutes viewpoint discrimination, infringing upon Libby’s First Amendment rights and those of her constituents.
The controversy stems from a Facebook post by Libby, in which she included the name and photo of a transgender high school athlete. In February, the Maine House Democrats voted to censure her, prompting Libby to appeal for an emergency injunction from the U.S. Supreme Court to restore her voting and speaking privileges in the State House. The brief asserts that her censure undermines the legislative process and could disenfranchise voters in District 90.
Libby’s earlier attempts to have lower court rulings in her favor were blocked, as judges upheld legislative immunity for House Speaker Ryan Fecteau, arguing that officials cannot be sued for their legislative decisions. However, the Republican attorneys general claim that censure does not fall under this immunity and is an extraordinary act that should be scrutinized.
Maine Attorney General Aaron Frey contends that Libby’s censure was due to her conduct rather than her views, stressing that the resolution required Libby to issue an apology. Libby, who has refused to apologize, insists the demands are unjust and not representative of her legislative rights, challenging the bounds of legislative immunity as interpreted by Frey.
With significant implications for free speech and legislative conduct, this case could set a pivotal precedent in the ongoing national debate over issues involving gender and sports.
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