Libby asked the Supreme Court for an order requiring her legislative votes be counted as her lawsuit plays out.
Her censure came after she posted about a high school athlete who won a girls’ track competition. Libby included a photo of the student and identified them by first name, with the name in quotation marks and said the student had previously competed in boys’ track.
Libby's post went viral, preceding a public disagreement over the issue between Republican President Donald Trump and Democratic Maine Gov. Janet Mills. The Trump administration later filed a lawsuit against the state for not complying with the government's push to ban transgender athletes.
Maine’s Democratic House Speaker, Ryan Fecteau, accused Libby of violating the state’s legislative ethics code and the Maine House of Representatives censured her in February.
Libby said in a lawsuit that the censure violated her right to free speech. A federal judge, though, found that the sanction isn't severe enough to overcome legal blocks on courts intervening in legislative functions.