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.

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!