The Supreme Court has restored the legislative voting rights of Republican Maine state lawmaker Laurel Libby after Democratic legislative leaders stripped her of those rights after she attacked a trans minor in a social media post that posted the trans student-athlete’s before- and after-transition pics, deadnamed her, and misgendered her.
The court issued its decision in a brief, unsigned order that didn’t explain its reasoning, CNN reported. Liberal Justices Sonia Sotomayor and Ketanji Brown Jackson both dissented, with Jackson expressing concern that the court needlessly interfered even though Maine has no upcoming legislative votes that would have been affected by Libby’s exclusion.
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Libby’s aforementioned post went viral on right-wing media, and she was criticized for bringing so much negative attention to a minor just to advance a political argument. Maine state House Speaker Ryan Fecteau (D) – who is an out gay man – asked her to take the post down, but she refused.
A resolution censuring her was then passed by the Maine House of Representatives in a 75-70 party-line vote. The resolution called her post “reprehensible” and “incompatible with her duty and responsibilities as a member of the House.” The resolution barred her from speaking or voting on the state House floor but said that she could get her privileges back if she apologized.
Libby refused and sued, claiming that the censure violated her First Amendment rights and those of the constituents who elected her as their legislative representative. But U.S. District Court Judge Melissa DuBose, an appointee of former President Joe Biden, ruled against Libby on April 22. The 1st Circuit Court of Appeals also ruled against Libby, and so she asked the U.S. Supreme Court to intervene in her case.
A cisgender student track athlete who lost against a trans opponent that Libby later attacked on TV wrote a public letter, saying that Libby’s “ugly” and “hateful” actions spoiled an otherwise happy day of competition.
In her dissent, Justice Jackson called the Supreme Court’s emergency intervention “both inequitable and unwise.” She noted that the court used to issue injunctive relief only under “the most critical and exigent circumstances.”
Libby had not “asserted that there are any significant legislative votes scheduled in the upcoming weeks; that there are any upcoming votes in which Libby’s participation would impact the outcome; or that they will otherwise suffer any concrete, imminent, and significant harm while the lower court considers this matter,” Jackson wrote.
Instead of treading lightly, Jackson wrote, the court opted instead “to dole out error correction as it sees fit,” she wrote.
Last week, the court voted to let the president kick trans people out of the military, even though lower courts ruled that his plans were discriminatory and served no demonstrable purpose of improving the military.
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