Federal appeals court revives First Amendment lawsuit for Wyoming doctor removed from board
A federal appeals court has revived Dr. Eric Cubin’s First Amendment lawsuit after he was removed from the Wyoming Board of Medicine for communicating with state legislators about pending legislation. On July 21, the U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of Dr. Cubin’s claim against Governor Mark Gordon in his official capacity and sent the case back to the district court for further proceedings.
The court determined that Dr. Cubin’s email to lawmakers addressed “a matter of public concern” and constituted political participation protected by the First Amendment. The court also ruled that the district court acted prematurely by dismissing the case before Dr. Cubin had the opportunity to conduct discovery and attempt to prove retaliation by the Governor.
“This is a powerful victory for the principle that Americans do not surrender their First Amendment rights when they agree to serve their communities. Dr. Cubin spoke directly to elected lawmakers about pending legislation—core political speech at the heart of the First Amendment. Today’s decision gives him the opportunity to hold the Governor accountable,” said Brendan Philbin, Senior Counsel at the Liberty Justice Center, according to the Liberty Justice Center.
Dr. Cubin had emailed Wyoming legislators in February 2024 to support Chloe’s Law, which restricts gender-transition procedures for minors, and to explain that the Wyoming Medical Society’s opposition did not represent the views of all Wyoming physicians. Governor Gordon signed the bill into law and subsequently removed Dr. Cubin from the Board because of his email. “I spoke up because Wyoming lawmakers needed to hear the truth from physicians whose views were not being represented. Today’s decision affirms that speaking honestly to our elected representatives is not misconduct—it is a constitutional right. I look forward to continuing this fight,” said Dr. Cubin, according to the Liberty Justice Center.
The court upheld qualified immunity for Governor Gordon in his personal capacity, but Dr. Cubin’s official-capacity First Amendment claim will now proceed in district court. The case is Cubin v. Gordon, No. 25-8021, in the U.S. Court of Appeals for the Tenth Circuit.
The Liberty Justice Center, which represents Dr. Cubin, is a nonprofit law firm focused on public-interest litigation and advancing constitutional rights through strategic lawsuits addressing free speech, government overreach, and educational freedom, according to the official website.