Judge Declines To Reinstate Florida Prosecutor Gov. DeSantis Fired

Topline

A federal judge refused to strike down Florida Gov. Ron DeSantis’ decision to suspend a state attorney after he vowed not to prosecute crimes related to abortion or gender-affirming care—at least for now—ruling Monday not to reinstate Andrew Warren while the prosecutor’s case challenging DeSantis’ firing of him moves forward.

Suspended Florida State Attorney Andrew Warren holds a press conference discussing his recent … [+] lawsuit against Florida Governor Ron DeSantis on August 17 in Tampa, Florida.

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Key Facts

U.S. District Judge Robert L. Hinkle ruled during a hearing Monday not to grant Warren’s request for a preliminary injunction that would reinstate him as state attorney, local outlets report, but the case is still ongoing.

Warren sued DeSantis (R) after the governor suspended him on August 4 and replaced him with his own appointee, accusing Warren of “neglect of duty” and “spit[ting]

in the face of voters” because he signed statements saying he wouldn’t prosecute crimes related to abortion or gender-affirming care.

DeSantis argued Warren—who served as the prosecutor in Hillsborough County, including Tampa—was “defy[ing] the Florida legislature” by doing so, even though lawmakers haven’t actually banned abortion before 15 weeks or passed any laws criminalizing gender-affirming care.

Warren alleged DeSantis exceeded his authority by suspending him, given that the prosecutor is an elected official and not appointed by the governor, and that DeSantis violated Warren’s First Amendment rights and “silence[d]

Hinkle wanted to “settle the issue ‘once and for all’” through a trial rather than potentially reinstating Warren now only to remove him again later, the Tampa Bay Times reports, and Florida Politics reports the judge “didn’t appear convinced” by the governor’s case, suggesting he could still side with Warren.

Warren said in a statement he “look[s] forward” to the case going to trial and to DeSantis “having the opportunity to come into court—where facts and truth matter—and try to justify what he did.”

What To Watch For

When the case will go to trial. Warren’s legal team wants the case to go to trial within a month, while DeSantis’ team wants the case to proceed in three to four months, the Times reports. Hinkle has not yet set a final trial date.

Chief Critic

“If DeSantis can arbitrarily suspend an elected official without one shred of evidence they have done anything wrong, how far will he go to punish anyone else who disagrees with him?” Warren wrote in an op-ed for the Tampa Bay Times. “This abuse of power should shock every business owner, teacher, doctor, public servant—and every voter.”

Crucial Quote

“The public isn’t served by yo-yoing this office,” Hinkle said during a hearing Monday, the Times reports, justifying why he’s waiting until a trial to potentially reinstate Warren.

Key Background

Warren signed on to an open letter in June 2021 with other state prosecutors vowing not to use their “limited resources” on enforcing laws that target transgender people or physicians who provide gender-affirming care, and a separate letter in June of this year after the Supreme Court overturned Roe v. Wade. That letter similarly opposed prosecuting violations of abortion bans, and Warren was the only prosecutor in Florida to sign it. DeSantis, widely viewed as a leading contender for the 2024 presidential nomination, has drawn scrutiny for going after Florida officials and figures who oppose his political policies. In addition to Warren, the governor and Florida lawmakers have also punished Disney for speaking out against the state’s policy known as the “Don’t Say Gay” law; his health department fired an official after he sent a pro-vaccination email; and the governor terminated a data scientist in 2020 who alleges she was ousted for not manipulating data on Covid-19. The governor also more recently suspended school board members in Broward County in response to a grand jury report on the 2018 shooting at Marjory Stoneman Douglas High School, replacing board members in the predominantly Democratic area with his own appointees.

Judge Declines To Reinstate Florida Prosecutor Gov. DeSantis Fired—At Least For Now