Florida - Thursday February 16, 2023: After failing to win reinstatement in his first appeal to the Northern District Court of Florida, suspended Florida State Attorney Andrew Warren is appealing to a higher federal court in his legal battle with Gov. Ron DeSantis.
Last month a federal Judge ruled that Florida Gov. Ron DeSantis violated the First Amendment and the Florida Constitution by removing an elected state prosecutor Andrew Warren.
However, U.S. District Judge Robert Hinkle also concluded that federal law prevents him from interfering with what is largely a matter of state law.
CLICK HERE to download and read the Judge's decision
Following the ruling, Warren initially made a public appeal to the Governor challenging him to re-instate him as Hillsborough County’s duly elected state attorney based on the Judge’s conclusion that the Governor had violated both the Florida Constitution and his free speech rights. His request was declined.
This week Warren took the next step up the Federal appeals ladder by filing a notice of appeal with the United States Court of Appeals for the Eleventh Circuit, based in Atlanta.
In a release, Warren said he’s asking the 11th Circuit to re-instate him based upon the lower court’s accurate finding that DeSantis broke the law.
Simultaneously Warren also filed a new suit in the Florida Supreme Court based in part on the Federal Judge’s conclusion that the Florida Constitution had been violated.
The Governor suspended Warren last August saying the Tampa Prosecutor had "put himself above the law" after he joined other prosecutors from around the country in signing a statement saying they would not pursue criminal charges against seekers or providers of abortions.
The Florida Senate can review the suspension and could finally vote to terminate Warren, but they have put their review of the Governor’s decision on hold until the legal cases have been settled.