A federal judge on Friday denied a request from Rep. Laurel Libby to immediately restore her speaking and voting rights on the floor of the Maine House of Representatives.
Libby, a Republican from Auburn, was censured by House Democrats in February after she used a Facebook post to criticize a transgender athlete’s high school track championship and shared photos of the student without their consent.
Libby and six constituents sued House Speaker Ryan Fecteau, D-Biddeford, and asked the court to lift the sanctions while the case plays out.
U.S. District Judge Melissa DuBose denied that request Friday, citing Fecteau’s right to legislative immunity — the legal doctrine that prevents lawmakers from being sued for their legislative acts.
“In short, Speaker Fecteau’s imposition of the sanction … is a legislative act that does not, according to binding case law and within the context of this censure, qualify for the narrow exception carved out for conduct of an extraordinary character,” DuBose wrote in her order.
Libby said she was disappointed by the decision and that it means her constituents will continue to be disenfranchised. She also said she will appeal the court’s decision.
“This fight is far from over,” Libby said in a statement Friday afternoon. “I will continue to demand my constituents have full representation, speak up for women and girls’ rights and fight back against the radical politicians in Augusta who are putting their ideology ahead of the people they’re supposed to serve.”
A spokesperson for Fecteau declined to comment on the case Friday.
In her order, DuBose noted that there are some limits on legislative immunity, such as for administrative actions that “fall outside the legislative sphere” and activities that are deemed to be “extraordinary.”
Libby and her constituents argued that the censure was an administrative action that shouldn’t qualify for legislative immunity and that Fecteau’s actions were so blatantly unconstitutional that they would qualify as extraordinary. DuBose disagreed.
“Speaker Fecteau was not terminating an employee or unilaterally deciding on a proposal for economic development,” she wrote. “Rather, he executed the will of the body of the House of Representatives pursuant to the resolution passed by a majority vote after full debate.”
Similarly, she wrote that appellate courts have rejected the idea that legislative immunity can be overridden by allegations of constitutional infringements.
“The court has no indication that the Circuit or Supreme Court would conclude that Speaker Fecteau’s imposition of the sanction pursuant to (House rules) is of such an extraordinary character that it would decline to leave up the shield of legislative immunity,” DuBose wrote.
Fecteau has said that Libby may have her voting and speaking rights restored if she apologizes for the post, the House votes to restore her rights or when the 132nd Legislature ends.
DuBose noted the apology option in her order, and also pointed out that Libby is still able to represent her constituents in other ways, including by participating in committee meetings, sponsoring and co-sponsoring bills, and testifying at public hearings.
“This court hears the predicament but notes that the sanction does not render her unable to represent her constituents or speak in favor of or in opposition to policies and legislation in all ways,” DuBose wrote.
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