Progressive Prosecutor Suspended By DeSantis Scores Victory In Court

An appellate court ruled that Florida's Republican governor violated Andrew Warren’s First Amendment rights by suspending him for political gain.

An appellate court ruled on Wednesday that Florida Gov. Ron DeSantis (R) violated the First Amendment by suspending Democratic prosecutor Andrew Warren for his own political gain.

The U.S. Court of Appeals for the 11th Circuit vacated a previous decision from a federal judge who claimed he did not have the power to reinstate Warren and directed the judge to reconsider his ruling. Although the appellate decision does not ensure Warren’s return to office, it reopens a potential pathway to reinstatement. It also marks a setback for DeSantis, whose presidential campaign has focused on his harsh criminal justice policies and attacks on reform-minded prosecutors.

DeSantis abruptly suspended Warren, then in his second term as Hillsborough County state attorney, in August 2022. In his executive order, DeSantis cited Warren’s policies that created the presumption that certain low-level offenses and cases over noncriminal bike and pedestrian violations would not be prosecuted. He also criticized Warren for joining other prosecutors in signing joint statements pledging not to use their power to criminalize gender-affirming care for transgender youth or abortion. The Brennan Center for Justice, a progressive law and public policy institute, described the suspension as “a brazen move that reeks of antidemocratic principles,” noting that voters in the Tampa-St. Petersburg area had elected Warren to carry out these reforms.

In January 2023, U.S. District Judge Robert Hinkle found that DeSantis had violated Warren’s First Amendment right to free speech but ruled that he did not have the power to reinstate Warren and dismissed the case. Warren appealed, and on Wednesday the appellate court ruled that Hinkle’s reasoning for dismissing the case was flawed.

The appeals court opinion, written by Circuit Judge Jill Pryor, focused on the six factors that Hinkle had identified as DeSantis’ reasons for suspending Warren: