Ketanji Brown Jackson Uses Amy Coney Barrett's Words Against Conservatives
By Hollie Silverman
The Supreme Court ordered the state of Maine to remove the censure on Republican Representative Laurel Libby Tuesday after she had been barred from speaking or voting in the Maine House.
The decision was made in Libby's favor by the mostly conservative court, with only Justices Ketanji Brown Jackson and Sonia Sotomayor choosing to deny the move.
In her dissent, Justice Jackson said the filing didn't constitute an emergency as defined by the court, quoting a line conservative Justice Amy Coney Barrett had previously used to defend a decision.
"The watering down of our Court's standards for granting emergency relief is, to me, an unfortunate development," Jackson wrote, adding, "After all, the manner in which we handle emergency applications—'on a short fuse without benefit of full briefing and oral argument,' is hardly a model for sound decision making."
Jackson referenced the dissenting opinion Barrett wrote in October of 2021 after the Supreme Court declined the emergency request that would have blocked vaccines being mandated for Maine healthcare workers.
Maine House Speaker Ryan Fecteau, who censured Libby, issued the following statement to Newsweek via email Tuesday night.
"In accordance with the Supreme Court's injunction pending appeal, Representative Libby's ability to vote on the floor of the House has been restored until the current appeal process runs its course. The Clerk of the House, whom the injunction is against, has already complied with this court ruling. We look forward to continuing with the important work Maine people expect of us," Fecteau said in the statement.
The Context
Libby was censured following pictures she posted of a trans athlete on social media that showed her competing this year and the previous year.
The Republican lawmaker represents Maine House District 90, which includes Minot and parts of Auburn. She has previously voted against mask mandates and vaccinations for school children.
Justice Barrett had issued a dissenting opinion on a case in the same state nearly four years ago using the same words Jackson used in her latest opinion.
What To Know
Following the statements made online and the censure, the speaker further banned Libby from voting or speaking. The original case argued that this was denying Libby's constituents from having their voice heard in state lawmaking proceedings.
The representative was voted into her current position in 2020, 2022, and 2024.
"Libby and her district had no vote on the State's $11 billion budget, had no
vote on a proposed constitutional amendment, and will have no vote on hundreds
more proposed laws including—most ironically—whether Maine should change its
current policy of requiring girls to compete alongside transgender athletes."
Jackson explained that because of upcoming expected litigation, she did not believe the case met the standard for emergency review as requested.
Supreme Court Justice Ketanji Brown Jackson
Supreme Court Justice Ketanji Brown Jackson Speaks At The 60th Commemoration Of The 16th Street Baptist Church Bombing In Birmingham, Alabama September 15, 2023 in Birmingham, Alabama. Photo by Butch Dill - Pool/Getty Images
"In my view, these applicants have not met this high bar," Jackson explained in her opinion. "First, the applicants have failed to show that there exist 'critical and exigent circumstances' necessitating intervention."
"The applicants have not asserted that there are any significant legislative votes scheduled in the upcoming weeks; that there are any upcoming votes in which Libby's participation would impact the outcome; or that they will otherwise suffer any concrete, imminent, and significant harm while the lower court considers this matter," she continued.
What People Are Saying
Justice Katanji Brown Jackson said in her dissent: "At the very least, by lowering the bar for granting emergency relief, the Court itself will bear responsibility for the resulting systemic disruption, as a surge in requests for our 'extraordinary; intervention—at earlier and earlier stages of ongoing lower court proceedings, and with greater and greater frequency—will undoubtedly follow."
Laurel Libby and supporters in the emergency application for injunction pending appeal: "The Speaker declared Libby was barred from speaking or voting until she recants her view. This means her thousands of constituents in Maine. House District 90 are now without a voice or vote for every bill coming to the House floor for the rest of her elected term, which runs through 2026. They are disenfranchised."
What Happens Next
Libby's lawsuit is expected to continue to playout while she regains her abilities to vote and speak in the house.
The Maine House of Representatives is scheduled to enter its 19th legislative day on Wednesday, May 21.
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