The Supreme Court stands up for democracy — and for an anti-trans lawmaker

The lawmaker at the heart of the case, Maine Republican Rep. Laurel Libby, was sanctioned by her colleagues for posting an unblurred picture of a transgender high school athlete, along with the student’s name and the name of her school, in order to protest against including transgender girls in women’s sports. After Libby posted the picture of the high school student on Facebook, Maine House Speaker Ryan Fecteau asked her to take it down due to concerns “that publicizing the student’s identity would threaten the student’s health and safety.” When Libby refused, the state House passed a resolution formally censuring her — which, under the Maine House’s rules, meant that Libby “may not be allowed to vote or speak” on the House floor until she apologizes for the conduct that resulted in her censure. As Jackson notes, the Court used to be exceedingly reluctant to rule in favor of parties that seek shadow docket relief — she quotes Justice Potter Stewart’s 1968 warning that such relief “should be used sparingly and only in the most critical and exigent circumstances.” And Jackson, who emerged as the Court’s most outspoken opponent of the shadow docket after she became a justice in 2022, is right that the Court’s practices have changed dramatically in recent years.

Author: Ian Millhiser

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