Maine Rep. Laurel Libby (R-Auburn) has filed an emergency appeal of an April 19 ruling on her lawsuit against Maine House Speaker Ryan Fecteau (D-Biddeford) for the denial of her rights following from her party-line censure earlier this year.

That censure came after Libby refused to apologize for a viral social media post depicting a biologically male high school student athlete who took first place in a girls’ track and field contest. The post continued to gain traction nationwide as it reached up to the highest levels of government and spurred a show-down between Maine Governor Janet Mills and U.S. President Donald Trump (R).

This past Friday, Rhode Island-based U.S. District Court Judge Melissa DuBose denied Rep. Libby’s request for declaratory and injunctive relief against the terms of the censure imposed upon her by the Democratic majority in the House.

After Libby refused House leadership’s demand to apologize for the post — a condition of her censure — Speaker Fecteau stripped her of her right to vote and and participate in floor debates.

Libby still retains her right to sponsor legislation, present motions, engage in committee work, and testify at public hearings.

Concerns over the lack of representation for Libby’s 9,000 constituents have featured prominently in her case, as she is currently be prevented from partaking in two fundamental components of serving in the Legislature. A half dozen of her constituents join her as plaintiffs in her complaint against House Speaker Fecteau.

In her ruling, Judge DuBose rejected Libby’s request for an injunction strictly based on the “threshold issue” of “legislative immunity,” the legal principle that protects lawmakers from being held liable in court for “purely legislative activities.”

Because of this, DuBose does not dive into the constitutional questions raised by Libby in her lawsuit.

Although she recognized that the censure was a “weighty sword to yield,” Democrats adhered to legislative procedure and are thus protected by legislative immunity.

While there are exceptions to legislative immunity, DuBose determined that Libby’s case does not rise to the severity necessary for this exception to apply, cautioning that federal judges should not “improperly intrud[e] into internal state legislative affairs [or] warring sides in partisan state legislators’ battles.”

This focus on the threshold issue of legislative immunity in her decision is unsurprising given that this issue also took up the majority of time during oral arguments earlier this month.

On Monday, Libby posted a thread on X announcing her decision to file an emergency appeal of this ruling.

“This appeal is about far more than one legislator’s seat,” said Libby, “it’s about defending the constitutional rights of 9,000 Mainers who currently have no voice and no vote in the Maine House of Representatives.”

“Our appeal asks the court to correct this abuse of power and reaffirm that legislative leadership cannot use procedural maneuvers and sweeping assertions of immunity to sideline dissenting voices and disenfranchise entire communities,” Libby wrote.

“I’m grateful for the support of my constituents and so many others across Maine who understand the importance of speaking truth and standing firm,” she concluded. “I will continue to press forward until the voices of the people I was elected to represent are heard once again in Augusta.”

During a Facebook Live, Libby explained that she is looking to have her appeal of DuBose’s decision expedited. Libby is currently waiting to hear back on scheduling from the First Circuit Court of Appeals.