SCOTUS Sides With Maine Rep Silenced for Defending Girls’ Sports From Men in Skirts

Well, the good news keeps rollin’ in.

SCOTUS, in a 7-2 decision, has returned Maine state representative Laurel Libby to her rightful place in the state house, representing her constituents.

7-2 decision with Jackson and Sotomayor dissenting.

The voice of Rep. Laurel Libby’s constituents has been restored! https://t.co/O8Ht3pvYB9 pic.twitter.com/tEffDnoTJX

— The Maine Wire (@TheMaineWire) May 20, 2025

Libby was censured by the Maine Legislature after something she’d posted about a male athlete winning yet another event at a girls’ high school track meet went viral. They called her on the carpet at the State House and demanded she apologize for the offending opinion, and to her great credit, she refused. In a draconian display of power, the Democrats in charge of the legislature stripped her of her legislative authority. They didn’t kick her out – they couldn’t.

But they ensured she had no voice as a member for her constituents. She wasn’t allowed to participate in any of the debates or votes.

…The censure sparking this lawsuit came after Libby refused to apologize for a viral social media post depicting a biologically male high school student athlete who took first place in a girls’ track and field contest.

The post continued to gain traction nationwide as it reached up to the highest levels of government and spurred a show-down between Maine Governor Janet Mills and U.S. President Donald Trump (R) on February 27.

Rhode Island-based U.S. District Court Judge Melissa DuBose denied Libby’s initial request for declaratory and injunctive relief against the terms of the censure imposed upon her by the Democratic majority in the House.

After Libby refused House leadership’s demand to apologize for the post — a condition of her censure — Speaker Fecteau stripped her of her right to vote and and participate in floor debates.

Libby still retained her right to sponsor legislation, present motions, engage in committee work, and testify at public hearings.

 A federal court in Rhode Island initially ruled against Libby (I know, right?), with the judge saying while censure was ‘a mighty sword,’ it sure looked like the legislature had followed all their rules, so what was she supposed to do?

Rhode Island-based U.S. District Court Judge Melissa DuBose reportedly issued a ruling late on Friday denying Maine State Rep. Laurel Libby’s (R-Auburn) claim for declaratory and injunctive relief against the terms of the censure Maine Democrats imposed against her last month. Those terms strip Rep. Libby of the right to vote or speak on the floor of the Maine House of Representatives.

Libby’s lawsuit contested what it called violations of her First and Fourteenth Amendment rights under the U.S. Constitution, and specifically named Maine House Speaker Ryan Fecteau (D-Biddeford) as the defendant.

Judge DuBose on Friday ruled that Speaker Fecteau was protected by legislative immunity, and that while the censure order was a “weighty sword to yield,” Maine Democrats adhered to legislative procedure.

Libby then filed an emergency petition with the U.S. Supreme Court.

Maine Rep. Laurel Libby’s (R-Auburn) has filed an emergency petition to the United States Supreme Court, asking for their intervention in her lawsuit against Speaker of the House Ryan Fecteau (D-Biddeford) over the fallout from her party-line censure earlier this year that stripped her of her rights to speak on the floor or vote in the legislature.

Rep. Libby’s appeal comes almost immediately after the First Circuit Court of Appeals denied her motion for an emergency appeal that would have expedited the legal process. As a result of this ruling, Rep. Libby’s appeal was set to continue along a regular timeline.

Her petition was submitted to Justice Ketanji Brown Jackson, who oversees emergency requests from the First Circuit.

And had some firm believers in constitutional rights backing up her case.

Thank you for standing in defense of our first amendment right to free speech, and for my constituents’ right to representation, @HarmeetKDhillon! https://t.co/F5Xk0uUyMK

— Rep. Laurel Libby (@laurel_libby) May 19, 2025

The result was today’s ruling, returning her voting and speech rights as a state representative.

In the meantime, Rep Libby’s case will still be actively considered before the First Circuit Court of Appeals. Rep Libby wants a permanent ruling that prevents leadership from ever ‘weaponizing procedure to silence dissent.’

…Now that the Supreme Court has reinstated Libby’s right to vote and speak on the House floor, her case will continue to be considered by the First Circuit Court of Appeals, where she is seeking a permanent ruling affirming her position that “legislative leadership cannot weaponize procedure to silence dissent.”

The Courthouse News reporter was in a bit of a snit about the ruling and Libby’s non-apology to the young man who stole the girls’ event. 

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… https://t.co/bCRUv35m7F

— Rep. Laurel Libby (@laurel_libby) May 20, 2025

Libby set her straight about speaking truthfully.

Had to hurt.

I am delighted to see all but the whackiest two of the justices stood for Libby and her constituents.

Encouraging.

This is terrific.