Maine Democratic House Speaker Ryan Fecteau is asking a court to dismiss a lawsuit against him by Republican Representative Laurel Libby.
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.
State Attorney General Aaron Frey has submitted a request on behalf of Fecteau to have the lawsuit dismissed, arguing that the House has immunity for its legislative activities and has the power to punish one of its members.
The document also claims that the censure did not violate Libby’s First Amendment free speech rights.
The Democratic majority voted to censure Libby after her social media post of a transgender athlete who won a girls’ sports event. Fecteau said the censure would be removed if the Libby apologized, which she has declined to do.
Attorney General Frey’s motion to dismiss the lawsuit against Fecteau was filed Tuesday in U.S. District Court for Maine.
The motion was followed Wednesday by affidavits from six resident who live in Libby’s district supporting her lawsuit.
All of Maine’s federal judges recused themselves from the case, reportedly because the transgender athlete in Libby’s social media post has a parent who works for the federal court system.
The case was then assigned to U.S. District Judge Melissa DuBose of Rhode Island, who was appointed by former Democratic President Joe Biden.