South Carolina AG Alan Wilson asks SCOTUS to uphold Maine legislator’s right to vote and speak freely

(COLUMBIA, S.C.) - South Carolina Attorney General Alan Wilson announced today that his office has joined a friend-of-the-court brief filed in the United States Supreme Court supporting Maine Representative Laurel Libby, who was stripped of her ability to vote and speak on the State House floor by Democratic legislative leadership.  

The Supreme Court is being asked to restore Representative Libby’s voting rights while her case continues through the courts, as such actions likely violate the foundational principles of representative democracy and the U.S. Constitution. 

“This is not a partisan issue, it’s a constitutional one,” said Attorney General Alan Wilson. “In our system of government, every citizen deserves to have their voice heard through their elected officials. Blocking a legislator from voting silences not just one voice, but the voice of every constituent they represent. That’s not how our republic is supposed to work. The ability of lawmakers to speak and vote freely on behalf of their districts is a foundational part of American democracy, and I am standing up to ensure that principle is protected.” 

The case involves Representative Libby being barred from voting and speaking on the Maine House floor after she posted on social media about a biologically male student-athlete who won a girls' pole-vaulting competition. The brief argues that stripping a duly elected lawmaker of their right to vote undermines democratic representation and violates the constitutional rights of both the representative and their constituents. 

The coalition of attorneys general asserts that legislative immunity, which generally shields lawmakers from lawsuits related to legislative actions, does not protect actions that directly undermine democratic processes, like removing a legislator’s voting rights. 

In addition to South Carolina, attorneys general from the following states joined the brief: Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Mississippi, Missouri, Montana, North Dakota, Ohio, and South Dakota. 

You can read the brief here.