WASHINGTON (AP) 鈥 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 Rep. Laurel Libby, who filed an emergency appeal to restore her ability to vote while over the punishment plays out. There were two noted dissents, Justices Sonia Sotomayor and Ketanji Brown Jackson.
The majority did not explain its reasoning, as is typical on the court's emergency docket. Jackson, for her part, 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 鈥渞aises many difficult questions鈥 and Libby may ultimately win.
The Democratic-controlled state House censured Libby after finding her viral 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 free-speech rights. She said the court鈥檚 decision restores a voice in the Legislature for the thousands of constituents she represents. 鈥淭his 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. The Maine attorney general's office declined to comment Tuesday. House Speaker Ryan Fecteau said the House is complying with the ruling.
鈥淚n accordance with the Supreme Court鈥檚 injunction pending appeal, Representative Libby鈥檚 ability to vote on the floor of the House has been restored until the current appeal process runs its course," he said.
The Supreme Court's order halts a lower court ruling that the sanction to overcome legal blocks on courts intervening with legislative functions.
Libby's February post was about a high school athlete who won a girls鈥 track competition. She said the student had previously competed in boys鈥 track. Her post included a photo of the student and first-name identification in quotation marks.
Libby鈥檚 post went viral, preceding a over the issue between Republican President and Democratic Maine Gov. Janet Mills. The Trump administration later against the state for not complying with the government鈥檚 push to ban .
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Whittle reported from Portland, Maine. Associated Press writer Mark Sherman contributed to this report.
