Laurel Libby is an elected representative in Maine. The Speaker of the Maine House stripped Libby of the right to vote in the legislature due to her comments about transgender athletes in sport. The District Court and First Circuit denied relief. Ed Whelan has more about the controversy here.
On Monday, April 28, Consovoy McCarthy filed an emergency application with Circuit Justice Jackson. Libby has asked for a ruling by May 6 when the legislative session begins.
In this application, Petitioners seek an injunction pending appeal requiring the Clerk to count Libby's votes. That interim relief simply restores the status quo of equal representation, bringing the Maine House back into conformity with every other State and Congress. Petitioners respectfully request that relief before May 6, 2025, when the House convenes yet another floor session where every legislator but Libby may vote.
As of the evening of Wednesday, April 30, Justice Jackson still has not called for a response. Getting a ruling by May 6 would have been difficult, even with a prompt turnaround time. But this petition has now been sitting on the docket for two days without any motion. And forget about an administrative stay!
It seems the Court's preferences are fairly clear, as we saw in the denial of the application in the Ohio ballot case. The Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but stays silent when citizens of Maine lose their elected representative. I'm glad everyone's priorities are straight.
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