Rep. Laurel Libby, R-Auburn, sits at her desk in the House of Representatives in March, after she was barred from speaking or voting by the majority of members. Joe Phelan/Kennebec Journal

Maine Rep. Laurel Libby is asking the U.S. Supreme Court to immediately restore her right to vote and speak on the floor of the state House of Representatives.

The Auburn Republican said Monday that she has filed an emergency application with the nation’s highest court asking it to intervene in the censure she received from the Maine House in February for a Facebook post that featured a photo of a transgender high school student without their consent.

Libby is seeking to have her rights restored while a federal court in Maine considers a lawsuit she filed against House Speaker Ryan Fecteau, D-Biddeford, arguing that the censure violates her First Amendment rights as well as the rights of her constituents to representation in the Maine Legislature.

Two lower federal courts have denied Libby’s request for an immediate restoration of her speaking and voting rights while her lawsuit plays out.

“For over 60 days, my constituents have had no say in actions taken by their government, actions that directly impact their lives,” Libby said in a written statement. “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 had asked the U.S. District Court in Bangor to restore her speaking and voting rights while the outcome of the lawsuit is decided, but Judge Melissa DuBose denied the request this month. Libby appealed that to the 1st U.S. Circuit Court of Appeals, which also denied the request.

A panel of judges on the appeals court said Libby and the six constituents who joined her in filing her lawsuit failed to demonstrate a likelihood of success and that temporary relief of the censure would be in order.

That order came after DuBose had ruled against the request, citing Fecteau’s right to legislative immunity — the legal doctrine that prevents lawmakers from being sued for their legislative acts.

DuBose also noted that Libby has the option of apologizing for the post in order to have her rights restored, and that while she cannot vote or speak on the House floor, she is still able to represent her constituents in other ways including by participating in committee hearings and introducing bills. Libby has refused to apologize.

Libby said she has asked the U.S. Supreme Court to overturn the rulings of the lower courts so she can resume her full duties, to demand an expedited response from the Office of the Maine Attorney General and to “uphold constitutional protections against viewpoint discrimination and suppression of dissent.”

She said the application was submitted to U.S. Supreme Court Justice Ketanji Brown Jackson, who oversees emergency requests from the 1st Circuit. She may decide on the application herself or refer the matter to the full court.

“We are hopeful the Court will act swiftly to halt the Democrats’ ongoing violation of the Constitution and suppression of dissenting voices, even as our broader case continues through the appeals process,” Libby said.

Libby has been fundraising to help pay for her legal expenses but has not answered questions about how she is covering the costs of her legal fight.

She is represented by Patrick Strawbridge, a prominent conservative attorney who represented President Donald Trump before the U.S. Supreme Court in a 2020 case about his taxes and who is listed as a contributor to the Federalist Society.

The Federalist Society is a conservative legal group founded by Leonard Leo, who helped secure the conservative majority on the nation’s top court and who owns a home on Mount Desert Island.

The social media post that led to Libby’s censure was part of her effort to criticize a policy governing high school sports that allows transgender athletes to compete in sports in accordance with their gender identity, rather than the gender assigned at birth.

Libby’s use of photos of a high school student was questioned by members of both parties, who said children should not be used as political pawns, but the House broke along party lines about whether the censure was appropriate. Democrats argued it exposed the student to possible harassment and violence and crossed an ethical line for state lawmakers.

Libby’s post caught the attention of the Trump administration and led to the administration’s efforts to cut off federal funding to Maine unless the state complies with the president’s executive order barring transgender women from competing in women’s sports, which would violate the Maine Human Rights Act.