Lawyers for Republican Representative Laurel Libby are firing back in her lawsuit against Maine House Speaker Ryan Fecteau.
Libby was censured by House Democrats in February after she used a Facebook post to criticize a transgender athlete’s high school track championship and shared photos of the student without their consent. The censure bars Libby from speaking or voting on the House floor.
Libby and six constituents then sued Fecteau and asked the court to lift the censure while the case plays out.
U.S. District Judge for Maine Melissa DuBose denied that request last Friday, siding with Fecteau’s attorneys who cited his right to “legislative immunity”, a concept used in past court decisions that prevents lawmakers from being sued for their legislative acts.
Libby’s lawyers than filed a motion this week with their latest salvo, arguing Fecteau’s legislative immunity does not shield him from scrutiny in court.
Her attorneys contend Fecteau’s immunity covers only “purely legislative activities” and cited a U.S. Supreme Court decision which said, “legislative immunity is not tantamount to legislative ‘supremacy.'” Libby’s lawyers wrote, “So long as legislators or their motives are not on trial, legislative immunity is no bar”, indicating Fecteau’s actions instead are the subject of the lawsuit.
Fecteau’s attorneys are asking for the case to be dismissed. Libby’s attorneys reiterated their contention in this week’s motion that the court should deny that request.
The lawsuit clams the censure of Libby violates her first amendment free speech rights.
