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Tipsheet

SCOTUS Restores Censured Maine State Rep. Laurel Libby's Right to Vote on Behalf of Constituents

SCOTUS Restores Censured Maine State Rep. Laurel Libby's Right to Vote on Behalf of Constituents
AP Photo/Robert F. Bukaty

Back, in February, state Republican Rep. Laurel Libby was censured by Democrats in the Maine House for Representatives for daring to stand up for girls who were forced to compete in sports against boys. Libby sued over the censure, and on Tuesday afternoon announced that the U.S. Supreme Court had found in her favor.

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One of Libby's posts involved a quoted repost of the brief emergency order. Although the application for injunction pending appeal was submitted to Justice Ketanji Brown Jackson, the justice referred the application to the entire Court. Only Justices Jackson and Sonia Sotomayor indicated that they would not have granted the application. 

Libby celebrated the "win for free speech -- and for the Constitution" in one of her posts, also celebrating how she can now actually vote again as a state representative for House District 90. She had been unable to vote as a member for over two months. 

"This is a victory not just for my constituents, but for the Constitution itself. The Supreme Court has affirmed what should NEVER have been in question -- that no state legislature has the power to silence an elected official simply for speaking truthfully about issues that matter," Libby also added in her quoted repost. 

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"The application for injunction pending appeal presented to JUSTICE JACKSON and by her referred to the Court is granted pending disposition of the appeal in the United States Court of Appeals for the First Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court," the brief order reads, in what looks to be a 7-2 decision. The rest of the five-page order contains Jackson's dissent.

The backlash against Speaker Ryan Fecteau censuring Libby was so intense that he got rid of his X account in the days that followed. 

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This feud between Libby and the Maine legislature, which now involves the U.S. Supreme Court, also comes despite President Donald Trump's executive order from earlier in February banning boys and men from being able to compete against girls and women, which he and his administration have been at odds with Gov. Janet Mills (D-ME) over. As Trump promised the governor, Maine is even facing lawsuits from the Trump administration for refusing to comply with the order. 

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