A federal judge has denied state Rep. Laurel Libby's request to immediately restore her ability to vote and debate in the Maine House of Representatives. The Auburn Republican had been censured by Democrats in the House for identifying a high school transgender athlete on social media in February.
Libby sued House Speaker Ryan Fecteau last month, claiming that the censure order infringed on her First and Fourth Amendment rights.
But in a 31-page ruling, U.S. District Judge Melissa DuBose denied Libby's request for a preliminary injunction, in part because she said Fecteau was operating within the doctrine of legislative immunity, which largely shields lawmakers from liability when conducting legislative business.
DuBose said the censure order was a "weighty sword to wield," but also that Fecteau followed the House rules of conduct and procedure when the Democratic majority censured Libby. The censure order says Libby's ability to vote and participate in debate can be restored if she apologizes. She has refused to do that.
In a statement, Libby said she will appeal the ruling and she is determined to make sure constituents in her district will have a voice in the legislature.
Libby said she was disappointed in the ruling, but "it doesn’t change the fact that Ryan Fecteau and Maine Democrats abused their power in order to silence dissent, disenfranchise nearly 9,000 of my constituents, and suppress the voices they disagree with."
Fecteau and Democrats who voted to censure Libby have maintained her social media post targeted a minor in a way that would subject them to threats and harassment.
Libby's post ricocheted across social media and was amplified by conservative media personalities and commentators. It came just days before a Feb. 21 confrontation between Democratic Gov. Janet Mills and President Donald Trump at the White House. During that exchange, Trump threatened to yank Maine's federal funding if the state didn't comply with his executive order banning transgender athletes from competing on girls' sports teams.
Mills told Trump that she would continue to follow state and federal law. The state has been targeted by the Trump administration ever since and this week U.S. Attorney General Pam Bondi announced that the Trump administration will sue the state over alleged violations of Title IX, a 1972 law that prevents discrimination against women in education and athletics.
Mills said this week that she welcomes the lawsuit and she's confident the state will prevail.
