A Maine legislator has turned to the US Supreme Court after being effectively stripped of her ability to represent her constituents over a controversial social media post. Republican Rep. Laurel Libby, who serves District 90, submitted an emergency request to the high court this week, seeking to overturn a disciplinary action imposed by her fellow lawmakers that has barred her from voting or speaking on the House floor since February.
The dispute stems from a Facebook post Libby made criticizing the inclusion of a transgender athlete in a statewide girls’ pole vault competition.
The post included a mention of a Maine student and questioned the fairness of allowing biological males to compete in girls’ sports categories, a stance that ignited outrage among Democratic legislators. In response, the House voted to censure Libby and conditioned her return to full legislative participation on an apology she had refused to give.
Rather than comply, Libby launched a legal fight to restore her role, arguing the punishment amounted to unconstitutional retaliation. After lower courts refused to intervene, she is now asking the Supreme Court to address what she sees as a blatant violation of the First Amendment and a denial of her constituents’ right to representation.
We obtained a copy of the application for you here.
“For over 60 days my constituents have had no say in any actions taken by their government, actions that directly impact their lives,” she wrote in a post on X. “Every vote taken on the floor of the legislature is a vote my constituents cannot get back. The good people of our district have been silenced and disenfranchised.”
Libby emphasized that the case raises serious concerns about the limits of legislative authority when it comes to penalizing elected officials for their speech.
“For more than 50 years, the Supreme Court has recognized that it violates the First Amendment to retaliate against a representative for exercising their right to free speech — and has firmly rejected immunity claims in nearly identical circumstances,” she continued. “Yet today, Maine stands alone, insisting it can silence me and deprive my constituents of representation for the remainder of my term simply because I told the truth on social media.”
