The Supreme Court stands up for democracy — and for an anti-trans lawmaker
There are no heroes in Libby v. Fecteau, a decision about an anti-trans lawmaker that the Supreme Court handed down on Tuesday. With only two justices publicly dissenting, the Court handed down a brief order temporarily lifting sanctions against that lawmaker.
The lawmaker at the heart of the case, Maine Republican Rep. Laurel Libby, was sanctioned by her colleagues for posting an unblurred picture of a transgender high school athlete, along with the student’s name and the name of her school, in order to protest against including transgender girls in women’s sports.
The sanction those colleagues imposed on her could not possibly be constitutional: They effectively stripped her of her right to vote on legislation as a member of Maine’s House of Representatives, stripping Libby’s constituents of their representation in the state House. And Libby’s fellow lawmakers likely also violated her First Amendment rights in the process.
As a legal matter, Libby closely resembles Bond v. Floyd (1966), a case brought by a Georgia state lawmaker who was........
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