State Representative Laurel Libby is seeking an emergency injunction from the U.S. Supreme Court after a federal appeals court denied her emergency appeal to lift a censure.

The move on Monday came after a lower court denied an injunction which would have forced House Speaker Ryan Fecteau to lift her censure while her case runs through the courts.

Libby sued Fecteau last month, saying the censure violates her constitutional rights by blocking her from voting or speaking on the floor.

Libby was censured after posting a photo of a transgender student athlete on social media.

Libby sued Fecteau last month over her censure by the House, saying the move violated her constitutional rights by blocking her from voting or speaking on the floor.

The lawsuit claims Libby’s First Amendment free speech rights have been violated.

Libby was censured after posting a photo of a transgender student athlete on social media. The censure would be lifted if Libby apologized for her actions, which she has refused to do.

The appellate judges in their latest order stated that Libby’s legal team failed to demonstrate that her lawsuit was likely to succeed and failed to show that she would be irreparably harmed should the censure remain in place.

“After careful consideration of the injunction papers filed in this court and relevant portions of the record, we conclude that appellants have failed to demonstrate a sufficient likelihood of success and, more generally, have failed to demonstrate that injunctive relief pending appeal is in order,” wrote the three judge panel.