JAMES CARTER AND JIM ELLIS: Maine Lays Siege To Democracy, First Amendment

Maine State Representative Laurel Libby’s (R-Auburn) situation within her state legislature should shock every American.

Because Rep. Libby had the temerity to voice opposition on the floor of the state House of Representatives to biological men being allowed to participate in women’s sports, the House Democratic majority censured her from speaking and even voting as a duly elected member of the state House. Therefore, her 9,000 constituents in Minot and Auburn, ME, just west of Lewiston, have no voice in the legislature. (RELATED: Maine Rep. Laurel Libby Blasts Gov. Janet Mills After Response To DOJ’s Lawsuit Regarding Trans Athletes)

Almost inexplicably, Ms. Libby then actually lost her court case challenging the action. The Biden-appointed judge said, according to a Fox News Online report, that the action was valid because it reflected the will of the majority of Maine’s House of Representatives.

If this wasn’t outrageous enough, the ruling came from Rhode Island federal judge Melissa DuBose. The reason the case went to her is that all six of Maine’s federal judges, these courageous independent jurists, recused themselves for undisclosed reasons from hearing the case. We can surmise their reasons. Ms. Libby will now appeal to the First Circuit Court of Appeals. She vows to take the case to the Supreme Court if necessary.

This case is systemic as to what is wrong with our current system of government. The Founding Fathers’ concept of checks and balances works, but only when the three branches—executive, legislative, and judicial—adhere to their constitutional duties and constraints.

Today, the judicial branch far exceeds its bounds of power, as demonstrated in claiming that a lone federal judge, one of 677 appointed individuals (remember, there are only 435 elected members of the US House of Representatives), can issue singular rulings that affect the entire nation.

The Maine case provides a further example of overreach. Here, we see 76 Democratic members of the state House ruling that a duly elected member cannot speak or even vote because she disagrees with them on a particular issue. This, from the party that publicly positions itself as the protector of democracy. How laughable!

The Libby case, however, is not a laughing matter. If a legislative majority and one judge can deny a constituency their right to representation, then we no longer have democracy. Since the Democratic talking point never acknowledges that our system is that of a republic, it is reasonable to believe that they reject such a tenet, and it appears the Maine state House majority and at least one Rhode Island federal judge agrees with such nullification.

The Libby situation also exposes additional hypocrisy. Why are the organizations that claim they represent women silent when a duly elected female member of a state legislative body is denied her right to vote simply due to a policy difference? The answer: these groups represent authoritarian left-wing group think, and certainly not the average woman.

The Maine legislature is now moving toward putting a measure codifying the state’s position that biological men can compete in women’s sports to a vote of the people. If such a measure were to reach the ballot, several polls suggest the authoritarian legislators’ position favoring men participating in organized sports with and against women would lose with well over 60% of the vote. When they lose, will the Maine legislative majority then strip the people who opposed the state from voting, too?

According to Judge DuBose, as long as the majority of the legislative body deems so, then they would have the right to impose such a decision.

Follow the Libby case. Hopefully, Ms. Libby will decide to run for governor to make this situation a much bigger issue, and we urge her to do so. If she ultimately loses this fight, so do all Americans.

James Carter is a Principal with Navigators Global. He previously headed President Donald Trump’s tax team during the 2016-17 transition and served as a deputy assistant secretary of the Treasury. Jim Ellis is the founder of the Ellis Insight election analysis service.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.