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AUGUSTA — Maine’s attorney general urged the U.S. Supreme Court to deny an emergency request from a censured state lawmaker to restore her voting rights.

Maine Attorney General Aaron Frey in the Cross State Office Building in March. Joe Phelan/Kennebec Journal

“Like other censures of Maine House members, the censure resolution required Rep. (Laurel) Libby to apologize for her conduct — not recant her views. Rep. Libby has steadfastly refused to comply with this modest punishment, which is designed to restore the integrity and reputation of the body,” Attorney General Aaron Frey wrote in a nearly 50-page brief filed Thursday in response to Libby’s appeal to the nation’s highest court.

Libby, R-Auburn, has asked that she be allowed to vote in the House of Representatives while she challenges the censure in U.S. District Court in Maine.

Frey’s filing said Libby’s request calls on the Supreme Court “to insert itself into this intra-parliamentary dispute and, for the first time, pierce legislative immunity for core legislative acts.”

House Democrats voted to punish Libby for a viral social media post that featured photos of a transgender high school athlete, leading to safety concerns for the individual and school district.

Libby filed her emergency Supreme Court appeal on April 28, after two lower courts ruled against her request.

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She has argued that her voting rights should be immediately restored so she can represent her constituents while her lawsuit against House Speaker Ryan Fecteau, D-Biddeford, plays out.

Trump Maine Censure Lawsuit
State Rep. Laurel Libby, R-Auburn, speaks with a colleague on Feb. 14, 2023, at the State House in Augusta. Robert F. Bukaty/Associated Press

Libby’s appeal was filed with U.S. Supreme Court Justice Ketanji Brown Jackson. One of the court’s four liberal justices, she is overseeing emergency requests from the 1st U.S. Circuit Court of Appeals. She could either rule on the application or refer it to the full court.

Libby has argued that the censure violates her First Amendment right to free speech and 14th Amendment right to due process. While she’s prevented from speaking or voting on the House floor, she can testify before legislative committees and introduce legislation.

House rules dictate that a censured lawmaker may regain their speaking and voting rights if they issue a public apology. Libby has refused to do so and in the process has generated national attention and fundraising opportunities.

Libby traveled to Washington, D.C., last month to participate in a news conference with U.S. Attorney General Pam Bondi and Riley Gaines, who is helping lead the charge nationally against transgender athletes, to announce the Trump administration’s lawsuit against Maine for allowing transgender athletes to compete in girls sports.

Note: This story was updated May 22 to correct a reference to Libby’s emergency appeal. It asks only that her votes be counted in the Legislature.

Randy Billings is a government watchdog and political reporter who has been the State House bureau chief since 2021. He was named the Maine Press Association’s Journalist of the Year in 2020. He joined...

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