The U.S. attorney’s office is questioning whether two judges assigned to the Title IX lawsuit between the Trump administration and the Maine Department of Education should recuse themselves.
The lawsuit filed by the Justice Department accuses Maine of violating Title IX, arguing that allowing transgender girls to compete in girls’ sports denies “biological girls” a level playing field.
But the Maine Department of Education claims the Trump administration’s interpretation of Title IX is disputed, and in the meantime, its following state law, specifically the Maine Human Rights Act, which protects transgendered athletes.
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According to court documents, the district judge and magistrate judge assigned to the case disclosed potential conflicts of interest late last month.
Those same two judges recused themselves from a case last year when Maine lawmaker Laurel Libby sued House Speaker Ryan Fecteau after Libby was censured for posting a photo of and identifying a transgender child online.
Prosecutors said there are similar overlaps in the cases, and that recusal in the Libby case and not this one raises questions.