Gray Rohrer
Andrew Warren, the suspended Hillsborough County State Attorney, could have a pathway to get his job back, one day after he said he wouldn’t campaign for the office again.
The Atlanta-based 11th Circuit Court of Appeals ruled that a lower court erred in its analysis of Gov. Ron DeSantis’ decision to suspend Warren. The lower court ruled DeSantis violated Warren’s First Amendment rights but still would’ve suspended him for other reasons not related to those violations and stopped short of reinstating him.
The appellate court ruling also doesn’t reinstate Warren outright, but remands the case back to the lower court in Tallahassee while also placing the burden DeSantis to show he would’ve suspended him for reasons that didn’t violate Warren’s First Amendment rights. It’s unclear, though, how soon the lower court will act.
“This is what we’ve been fighting for from the beginning — the protection of democracy,” Warren said in a released statement following the ruling. “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.”
Throughout the ruling, written by Judge Jill Pryor — an appointee of President Barack Obama — for a unanimous three-judge panel, the court chided DeSantis’ decision to suspend Warren and the process behind it.
DeSantis suspended Warren in August 2022 based on Warren’s decision to sign two policy statements pledging not to prosecute abortion-related offenses and a possible ban transgender health care, as well as his office policies not to prosecute noncriminal bike and pedestrian violations or other “low-level” offenses that only had a maximum penalty of 60 days in jail.
“DeSantis’s political benefit was solely derived from Warren’s political ideology,” Pryor wrote. “The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit. On remand, DeSantis must prove that unprotected activity, such as Warren’s actual performance or his policies, motivated him to suspend Warren.”
“Voters elected Warren; DeSantis did not appoint him,” she added. “If alignment with DeSantis’s political preferences were an appropriate requirement to perform the state attorney’s duties, there would be little point in local elections open to candidates across the political spectrum.”
In a footnote, Pryor also noted that federal courts have the authority to reinstate Warren, contradicting an argument from DeSantis.
“DeSantis argues that even if Warren prevails on the merits of his claim, the district court lacks the authority to reinstate Warren,” the ruling states. “We reject this argument. The Eleventh Amendment permits federal courts to remedy First Amendment violations.”
Warren, who was twice elected by Hillsborough voters, said Tuesday he wouldn’t run for the State Attorney office a third time, reasoning that DeSantis could just suspend him again if he won. DeSantis appointed Suzy Lopez to replace Warren and she currently serves in that office.
An email seeking comment from a DeSantis spokesman wasn’t immediately returned.
In a concurring opinion, Judge Kevin Newsom — appointed by President Donald Trump — further scolded DeSantis for violating Warren’s First Amendment rights.
“Bottom line: The Supreme Court has made clear — for reasons that cut to the core of our representative democracy — that the First Amendment safeguards elected officials’ right to express their views on salient political issues,” Newsom wrote. “Whatever one thinks of Warren’s particular views about abortion, he is no less entitled to that protection.”
12 comments
tom palmer
January 10, 2024 at 3:11 pm
The fallout should be interesting. DeSantis may get his comeuppance yet for weaponizing the governor’s office to engage in these petty partisan acts.
George Washington
January 10, 2024 at 3:51 pm
Sorry. Gov. DeSantis is correct.
We do not live in an oligarchy.
There are three equal branches of government. Executive, Legislative and Judicial. Apparently this liberal State Attorney from Tampa decided which laws of FL he would recognize and prosecute or not. He doesn’t have that option.
The legislature creates the law the governor signs the legislation into law and the State Attorney cannot ignore the law. He did multiple times.
Since he’s not running for office maybe he can start a Democrat radio talk show. (In Orlando )
Phil Morton
January 10, 2024 at 5:18 pm
Please provide the “multiple times: Warren ignored the law. You can’t because there are none. Saying you will not prosecute and actually refusing to prosecute are not the same thing. First Amendment right there.
PeterH
January 11, 2024 at 10:53 am
Don’t expect a response to your valid question!
tom palmer
January 10, 2024 at 4:43 pm
We do seem to live in an oligarchy run by DeSantis and the partisan hacks in the Cabinet and the legislative leadership.
richard p tebaldi
January 11, 2024 at 12:26 pm
My opinion is we have much too many rules, laws and regulations with ambiguous language. Lawyers write bills with openings to help lawyers make money and does not necessarily contribute to the intent of the law thanks to negotiations that make the written laws intent to ambiguous. Lies abound based on the laws intent. This is in my opinion, what constitute “the complete lie! We need to fix this and the world will become what I’d expect America’s dream.
Dont Say FLA
January 10, 2024 at 4:53 pm
Harvard and Yale keep calling and calling and calling. They really want their degrees back. They’ve decided baseball ain’t worth graduating any more moe Rons.
Ruth
January 11, 2024 at 1:39 am
especially when you consider he graduated magna cum laude
Ruth
January 11, 2024 at 1:37 am
especially when you consider he graduated magna cum laude
Julia
January 11, 2024 at 7:14 am
DeSantis needs to ask for an en banc hearing. The entire court will overrule this panel. Jill Pryor is a nut, but, of course, so is Hinkle. The panel did warn Hinkle to stop his hyperbolic language.
PeterH
January 11, 2024 at 10:54 am
Maybe Warren will run for Governor!
richard p tebaldi
January 11, 2024 at 12:24 pm
My opinion is we have much too many rules, laws and regulations with ambiguous language. Lawyers write bills with openings to help lawyers make money and does not necessarily contribute to the intent of the law thanks to negotiations that make the written laws intent to ambiguous. Lies abound based on the laws intent. This is in my opinion, what constitute “the complete lie! We need to fix this and the world will become what I’d expect America’s dream.
Comments are closed.