The highest court in the land isn’t taking orders from anyone. They’re in the driver’s seat and they know it.
Now the Supreme Court issued a stunning order that put Democrats on their heels.
On Tuesday, the U.S. Supreme Court issued an unsigned order allowing Maine Republican state Representative Laurel Libby to retain her voting and speaking privileges in the Maine House of Representatives. This decision comes as her legal challenge continues, following a censure by the Democratic-controlled House in February over a social media post about a transgender high school athlete.
Background of the Censure
State Representative Laurel Libby, who has served in the Maine House since December 2020, was censured after posting on Facebook on February 17 about a transgender high school pole vaulter. The post included a photo of the athlete on the first-place podium at the Maine State Class B Championship for girls.
Libby wrote, “We’ve learned that just *ONE* year ago John was competing in boy’s pole vault… that’s when he had his 5th place finish. Tonight, ‘Katie’ won 1st place in the girls’ Maine State Class B Championship.” Democratic House Speaker Ryan Fecteau demanded an apology as a condition of the censure, which Libby refused, resulting in a ban on her voting and speaking privileges in the House.
Supreme Court’s Decision
The Supreme Court’s order granted Libby’s request to restore her privileges while her legal challenge is reviewed by lower courts. Libby argued that the ban violated the 14th Amendment’s equal protection clause.
Following the ruling, Libby posted on X, “VICTORY! The U.S. Supreme Court just restored the voice of 9,000 Mainers! After 2+ months of being silenced for speaking up for Maine girls, I can once again vote on behalf of the people of House District 90. This is a win for free speech — and for the Constitution.”
Dissenting Opinions
Liberal Justices Sonia Sotomayor and Ketanji Brown Jackson dissented from the majority’s decision. In her dissent, Justice Jackson argued that the case did not warrant emergency intervention by the Supreme Court.
She noted, “The First Circuit is moving quickly to evaluate the legal issues this case presents, with oral argument scheduled to occur in a few weeks.” Jackson further stated, “Meanwhile, before us, the applicants have 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.”
She expressed concern that the ruling could encourage others to seek emergency relief prematurely and that Libby “failed to demonstrate” that her “right to this relief is ‘indisputably clear.’”
Arguments from Maine Officials
Maine Attorney General Aaron Frey, representing House Speaker Fecteau, defended the censure as a “modest punishment” consistent with House Rule 401(11).
This rule, agreed upon by all House members, prohibits a member found in breach of House rules from participating in floor debates or voting until they have “made satisfaction,” in this case, by issuing an apology.
Frey’s office stated, “Rep. Libby has steadfastly refused to comply with this modest punishment, which is designed to restore the integrity and reputation of the body.” The rule has been part of Maine House procedures for centuries.
Ongoing Legal Proceedings
The Supreme Court’s order allows Libby to resume voting and speaking in the House while her case is under review in the First Circuit, with oral arguments scheduled soon. The decision does not resolve the underlying legal questions, which will be addressed by the lower court in the coming weeks.
