A federal appeals court has ruled that Florida Gov. Ron DeSantis violated the First Amendment rights of former Hillsborough County State's Attorney Andrew Warren, who was suspended in 2022 for negligence and incompetence. Stated.
In a unanimous decision Wednesday, a three-judge panel of the 11th U.S. Circuit Court of Appeals ruled that the lower court had rejected the U.S. Constitution's amendment when DeSantis fired Warren and sent the case back. It said it did not consider specific violations of Article 1.
DeSantis suspended Warren by executive order in 2022 for “dereliction of duty” after prosecutors declared they would not prosecute those who violate the state's abortion restrictions., Nor does it intend to prosecute anyone who violates the prohibition against certain types of gender reassignment treatment for minors.
The 11th Circuit found that DeSantis “had no probable cause to believe that Warren had failed in his duties or was incompetent for war.”
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Andrew Warren, the Florida attorney who was suspended and ousted by Florida Governor Ron DeSantis for refusing to enforce abortion laws, holds a press conference in Tampa, Florida on August 17, 2022. . (Octavio Jones/Getty Images)
“The First Amendment prohibits Mr. DeSantis from identifying and suspending reform prosecutors for political gain,” said U.S. Circuit Judge Jill Pryor. . “Upon remand, Mr. DeSantis must prove that unprotected activities, including Ms. Warren's actual performance and policies, motivated her suspension.”
The committee consisted of Mr. Pryor, an Obama appointee, U.S. Circuit Judge Kevin Newsom, a Trump appointee, and U.S. District Judge Ann Conway, an appointee of George H.W. Bush.
A spokesperson for DeSantis did not respond to a request for comment.
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Former Hillsborough County State's Attorney Andrew Warren (left) and Florida Governor Ron DeSantis (right). (Octavio Jones/Getty Images)
After DeSantis suspended Warren last year, the governor told Fox News at the time: “I think some of the prosecutors who have very militant policies in terms of ideology have gotten a lot of work done in other states. There are prosecutors who think they can choose for themselves.
DeSantis called Warren a “Soros-backed” prosecutor and claimed he was responsible for firing Warren, who is seeking the 2024 Republican presidential nomination, in a stump speech.
After Warren was suspended last year, she sued DeSantis, saying the suspension was retaliation for opposing the governor's policies and positions.
“This is what we've been fighting for since the beginning: protecting democracy,” Warren posted on X after the committee ruled in her favor. “I look forward to returning to district court to seek the relief that I and all Hillsborough County voters have been denied for 17 months: the reinstatement of the person elected by the voters.”
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Ron DeSantis attended the first Republican debate in Milwaukee on Wednesday night. (Fox News)
Tallahassee-based U.S. Judge Robert Hinkle previously found that DeSantis' decision to suspend Warren violated the U.S. and Florida constitutions, but upheld the suspension anyway. .
The lower court identified six factors that influenced DeSantis' decision, two of which it said violated Warren's First Amendment rights. But Hinkle ruled in DeSantis' favor, finding that the governor would suspend Warren anyway based on four other factors.
The Eleventh Circuit said two additional factors identified by the lower court were protected by the First Amendment, and sent the case back to Tallahassee for a new hearing.
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“On remand, Defendant DeSantis must prove that unprotected activities, including Mr. Warren's actual performance and policies, motivated his suspension,” the court said.
Earlier this week, Warren announced that she would not seek re-election as state's attorney. DeSantis has appointed Susie Lopez as his successor, and Lopez is running for re-election.
Fox News Digital's Kyle Morris contributed to this report.
