WASHINGTON — The Supreme Court on Tuesday ordered the Maine Legislature to count the votes of a GOP lawmaker who was censured after she identified a transgender teen athlete in a viral social media post.
The court majority sided with state Rep. Laurel Libby, who filed an emergency appeal to restore her ability to vote while her lawsuit over the punishment plays out. Justices Sonia Sotomayor and Ketanji Brown Jackson dissented.
The majority did not explain its reasoning, as is typical on the court's emergency docket.
As for Jackson, she said the case isn't an emergency in need of Supreme Court intervention since there are no significant upcoming votes where Libby's participation could change the outcome. She acknowledged, though, that the case "raises many difficult questions" and Libby may ultimately win.
The Democrat-controlled House censured Libby after finding her post had violated its code of ethics by putting the student at risk. She was blocked from speaking and voting on the floor after she refused to apologize.
Libby has argued that the punishment violates her free speech rights. She said the court's decision restores a voice in the Legislature for the thousands of constituents she represents.
"This is a victory not just for my constituents, but for the Constitution itself," she said.
Maine state attorneys argued that she still has other ways to participate in the legislative process, and would regain her voting power if she apologized. House Speaker Ryan Fecteau did not immediately respond to a request for comment.
The Supreme Court's order halts a lower court ruling that the sanction isn't severe enough to overcome legal blocks on courts intervening with legislative functions.
Libby's February post was about a high school athlete who won a girls' track competition. She said the student had previously competed in boys' track. Her post included a photo of the student and first-name identification in quotation marks.
Libby's post went viral, preceding a public disagreement over the issue between Republican President Donald Trump and Maine Gov. Janet Mills, a Democrat.
The Trump administration later filed a lawsuit against the state for not complying with the government's push to ban transgender athletes.
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Whittle reported from Portland, Maine. Associated Press writer Mark Sherman contributed to this story.
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