As a result of every federal judge in Maine recusing themselves from a Republican State Representative’s case against the Democratic Speaker of the House, the case will now be heard by a Biden-appointed Rhode Island judge with a history of eschewing judicial tradition in favor of strident left-wing activism.
The case in question—which will now be heard by Judge Melissa R. DuBose of the District of Rhode Island—involves Rep. Laurel Libby (R-Auburn), who was censured on Feb. 25 in a 75-70 vote led by House Speaker Ryan Fecteau (D-Biddeford). As a result of the censure, Fecteau claimed the House rules permitted him to strip Libby of her right to vote and speak on the floor of the Maine House of Representatives.
On Tuesday night, Libby was, in fact, blocked from voting on a $120 million MaineCare bailout package that Democrats are urgently trying to move through the State Legislature.
The movement to censure Libby was prompted by a post the Auburn conservative made on Facebook that criticized the state of Maine’s policy of forcing female high school athletes to compete against male athletes. The post contained an image of a male high school athlete finishing in 5th place in a male track-and-field event, side-by-side with a later image showing the same athlete finishing first while competing against female athletes.
While orchestrating the censure vote against Libby, Fecteau presented the disciplinary measure as aimed not at Libby’s political views but at the act of posting an image of a minor on social media.
On Tuesday, Libby, joined by several of her constituents, filed suit against Fecteau alleging that depriving her of her right to vote over a Facebook post was unconstitutional.
The following day, every federal judge in the District of Maine filed orders recusing themselves from the case without explanation.
Wednesday afternoon, the Maine Wire reported exclusively that the reason for this recusal was a conflict arising from the employment of the male athlete’s mother. That athlete’s mother is a clerk for the U.S. District Court of Maine.
As a result of the unanimous recusal of Maine’s federal judges, the case has now been re-assigned to the District of Rhode Island, where it will be heard by Judge DuBose.
DuBose, confirmed by the U.S. Senate in a 51-47 vote on March 12, 2024, was appointed by President Joe Biden. Her confirmation was hailed by NPR as providing “meaningful representation” to lesbian, gay, bisexual, transgender, and queer individuals because she was, according to local Rhode Island media, the first openly lesbian judge to sit on the Rhode Island District Court.
Prior to her Senate confirmation to Rhode Island’s U.S. District Court, DuBose had served as an associate judge on Rhode Island’s state District Court.
In that capacity, DuBose joined several colleagues in signing a March 31, 2021 letter bucking judicial tradition in favor of solidarity with left-wing activists.
“Traditionally, the Judiciary by way of both custom and judicial canons reserves comment and will not make extra-judicial statements regarding civic engagement,” the letter said. “But, recognizing that this is a moment of inflection for our state and the nation, it is imperative that we lift our voice and reaffirm our commitment to the just and equal treatment of every person who appears before us.”
“It is important that we celebrate the unique contribution that our state’s founders played in infusing principles of religious freedom and separation of powers into the formation of our national identity,” the letter said. “Championed since Rhode Island’s founding in 1636, these principles were boldly codified and beautifully captured in both our state Constitution and the U.S. Constitution. However, it is equally important to recognize and acknowledge the unique and preeminent role that Rhode Island played in the devastating history of slavery in the United States.”
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“We want to instill confidence in the Black, Latino, Latina, LGBTQ and all under-represented communities that Rhode Island’s courts are their courts, and we will fulfill our constitutional mandate that they receive equal treatment under the law,” the letter said.
DuBose was joined in signing the letter by 12 other judges. According to the letter, DuBose performed a reading; however, the audio of that reading has since been scrubbed from the court’s website.
DuBose also admitted to U.S. Sen. John Kennedy (R-La.) during her Senate confirmation hearing to having gone through a “Marxist phase.”
Libby’s social media post, which went on to be shared tens of thousands of times, eventually caught the attention of the White House and prompted a high-profile and ongoing spat between President Donald Trump and Maine Gov. Janet Mills.
