The federal jurist assigned to the federal lawsuit against Maine for refusing to bar transgender-identifying men from women’s sports, U.S. Magistrate Judge John Nivison, recused himself from the case on Friday after previously recusing himself from Rep. Laurel Libby’s (R-Auburn) lawsuit against her censure order.
Last week, the U.S. Department of Justice (DOJ) announced a civil Title IX antidiscrimination lawsuit against Maine after the state obstinately refused to comply with President Donald Trump’s executive order “Keeping Men out of Women’s Sports.”
That order established the administration’s interpretation of Title IX, demanding that schools protect girls’ spaces, such as restrooms and locker rooms, and girls’ sports from transgender-identifying men.
The U.S. District Court of Maine’s Judge Nivison was initially assigned to hear the federal case against Maine but recused himself without explanation on Friday.
Nivison was also among the judges who recused themselves from a related case last month. In March, Rep. Libby brought a suit against House Speaker Ryan Fecteau (D-Biddeford) after she was censured and prevented from voting or speaking on the House floor. Rep. Fecteau censured Libby with Democratic support after she posted a picture of a trans-identifying male athlete on social media showing him standing victorious at a high school girls’ sporting competition.
Libby’s post and the controversy surrounding it brought national attention to Maine and ultimately contributed to the federal lawsuit the state now faces.
Libby’s case was initially set to be considered in Maine’s federal court, but in an unprecedented move, every one of the state’s federal district judges recused themselves from the case without explanation.
The Maine Wire later discovered that one of the parents of the transgender-identifying high school athlete depicted in Libby’s post is an employee of the court, suggesting the likely reason for the recusal.
The same potential conflict of interest likely led to Nivison’s recusal from the DOJ lawsuit, as that lawsuit targets the same issue central to Libby’s situation.
The federal suit has been reassigned to Stacey D. Neumann, though she also recused herself from Libby’s case, suggesting that the same potential conflict seen by Nivison could apply to her as well.




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