A federal appeals court has ruled to revisit the suspension of an elected Hillsborough County state prosecutor in Florida by Governor Ron DeSantis. The case, focusing on First Amendment rights, will return to a trial judge for further examination.
Case Remanded by 11th Circuit
A three-judge panel from the 11th U.S. Circuit Court of Appeals on Wednesday has remanded the case of former prosecutor Andrew Warren to a trial judge in Tallahassee.
Unfair Decision?
The purpose of this remand is to establish whether DeSantis’ suspension decision was unfairly influenced by Warren’s signed statements of opposition to legislation aimed at criminalizing abortion and gender care.
A Democratic Prosecutor
Warren, a Democratic prosecutor, faced suspension by Governor DeSantis, a Republican and GOP presidential hopeful.
Opposing Abortion Ban
In August 2022, Warren was suspended following his declaration that he would not enforce a law signed by the governor banning abortions after 15 weeks of pregnancy. He was replaced by Republican Suzy Lopez.
Woke Agenda
DeSantis, in 2022, in response to Warren’s suspension, asserted he had “fallen below the standard of the Florida constitution,” and he characterized Warren’s agenda as “basically woke.”
DeSantis Suspends Democratic State Attorneys
Warren’s case marks the first suspension of a Democratic state attorney by DeSantis. Last year, the Florida governor also suspended Monique Worrell, who served as the state attorney for the Orlando area.
“Prosecuting their Cops”
Worrell alleges she was dismissed by the Florida governor because she was “prosecuting their cops.”
No Action Against “Real Criminals”
She claims that law enforcement in Florida was working against her due to her critical views, arguing that they failed to act against “real criminals.”
DeSantis a “Weak Dictator”
Worrell has also labeled DeSantis a “weak dictator,” accusing him of creating a “smokescreen” for his disastrous presidential campaign.
Worrell Challenges Suspension
Worrell challenged her suspension decision, and her case is currently pending before the Florida Supreme Court.
Statements Fall under the First Amendment
In Warren’s case, District Judge Robert Hinkle, in January, sided with him regarding protecting his advocacy statements under the First Amendment but believed that Governor DeSantis might have suspended him for other reasons regardless.
In-Depth Review
However, the 11th Circuit has now nullified this decision, prompting a more in-depth review of the suspension’s basis.
Justify Warren’s Suspension
In these upcoming proceedings, DeSantis would need to establish that Warren’s suspension was primarily due to concerns regarding his actual job performance rather than solely his political advocacy.
Appeals Court’s Perspective
The 11th Circuit emphasized the importance of the First Amendment in protecting Warren’s advocacy. Judge Jill Pryor’s ruling highlighted that political advocacy should not be a ground for suspension.
“Protection of Democracy”
Warren expressed optimism about the ruling, stating, “This is what we’ve been fighting for from the beginning — the protection of democracy.”
Hopes to Return to His Position
He added, “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.”
Governor’s Office Response
Jeremy Redfern, DeSantis’ Press Secretary, criticized the appeals court’s decision. Redfern argued that the ruling could lead to a troubling precedent, allowing state prosecutors to enforce laws selectively.
Court’s Flat Wrong Decision
Redfern’s statement reads, “A state prosecutor’s declared commitment to not enforce the laws of this state is not protected by the U.S. Constitution. The federal appeals court is flat wrong to have concluded otherwise.”
Previous Court Decision
The Florida Supreme Court had previously declined to reinstate Warren, citing delays in his petition filing.
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