The appellate court ruled that Florida Governor Ron DeSantis (R) overstepped the First Amendment by suspending Democrat Andrew Warren for politically motivated reasons.
Did Florida’s Governor Cross the Line?
This decision by the U.S. Court of Appeals for the 11th Circuit overturns a prior ruling by a federal judge who believed he lacked the authority to restore Warren’s position. While this doesn’t guarantee Warren’s reinstatement, it does reignite the possibility.
This development is also a blow to DeSantis’ presidential aspirations, characterized by criminal justice policies and criticisms of progressive prosecutors.
“A brazen move”
The Brennan Center for Justice called this suspension “a brazen move that reeks of anti-democratic principles,” emphasizing that Warren was democratically elected by Tampa-St. Petersburg voters to pursue these reforms.
A Surprise Decision
Last August, Florida’s Governor Ron DeSantis unexpectedly suspended Andrew Warren, the State Attorney for Hillsborough County, amid his second term. In his executive order, DeSantis pointed to Warren’s approach of not prosecuting minor offenses and noncriminal bike and pedestrian infractions.
DeSantis also disapproved of Warren’s commitment, along with other prosecutors, not to criminalize gender-affirming healthcare for transgender youth or abortion.
DeSantis Violated Warren’s Rights
In January 2023, U.S. District Judge Robert Hinkle concluded that Florida Governor DeSantis had violated State Attorney Andrew Warren’s First Amendment freedom of speech. However, Hinkle stated he lacked the authority to reinstate Warren and dismissed the case.
Six Reasons
Warren then filed an appeal, and this Wednesday, the appellate court found flaws in Hinkle’s rationale for case dismissal. The appellate court’s opinion, authored by Circuit Judge Jill Pryor, concentrated on the six reasons Hinkle cited as the basis for DeSantis’ decision to suspend Warren.
Affiliation and Funding
DeSantis’ reasons for suspending Warren included Warren’s Democratic affiliation and indirect funding from billionaire Democrat George Soros. Warren’s strong advocacy for criminal justice reform, evident in his signing of statements about abortion and transgender youth care, was also a factor.
Abortion Policy and Prosecution
Specifically, a line in the abortion policy regarding the non-prosecution of certain cases was pointed out. Warren’s ‘low-level offense policy’ and “bike policy,” implying a general non-prosecution stance for certain violations while retaining the discretion to prosecute particular cases, were also noted.
Performance and Politics
Warren’s job performance and approach, along with the political advantage DeSantis likely anticipated from suspending a prosecutor known for reform, were also reasons for the suspension.
The First Amendment Divide
In his ruling, Judge Hinkle determined that the First Amendment only covered the first two reasons for Warren’s suspension. These include his political affiliation and advocacy for criminal justice reform.
However, Hinkle believed that DeSantis would have suspended Warren regardless due to the last two factors—the potential political benefit and dissatisfaction with Warren’s performance—which he deemed not protected by the First Amendment.
Case Dismissed
Consequently, Hinkle dismissed the case, concluding that while DeSantis did violate Warren’s First Amendment rights, the suspension would have occurred anyway for reasons falling outside First Amendment protection.
Appellate Court Counters Hinkle
The appellate court’s decision broadened the First Amendment protections in Warren’s case, countering Judge Hinkle’s earlier conclusions. Pryor stated that the First Amendment protected Warren’s views on abortion case prosecutions and that it prevented DeSantis from suspending him to gain political advantage.
Pryor instructed the U.S. District Court to reassess whether DeSantis’ suspension was solely based on Warren’s job performance and the two office policies.
Fighting for Reinstatement
In response to this development, Warren stated, “This is what we’ve been fighting for from the beginning — the protection of democracy. We look forward to returning to the District Court to obtain the relief that has been denied to me and all the voters of Hillsborough County for 17 months: reinstating the person elected by the voters.”
Court Ruling Criticized
On the other hand, Jeremy Redfern, the press secretary for Governor DeSantis, responded to the appellate court’s decision with strong criticism.
In his statement, Redfern described the ruling as “an egregious encroachment on state sovereignty,” arguing that this decision could lead to a concerning scenario where prosecutors feel empowered to disregard laws they do not favor.
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