Court hits DeSantis for suspending Andrew Warren over ‘protected’ speech

TAMPA, Fla. – The U.S. Court of Appeals for the 11th Circuit ruled against Gov. Ron DeSantis in former State Attorney Andrew Warren’s appeal over his suspension by the governor in 2022.

In the court’s ruling, as obtained by ABC, it said that Warren won his election via the voters of his district and that DeSantis suspended him over protected 1st Amendment speech, such as vowing to not enforce abortion restrictions or legislation “targeting the transgender community.”

Warren’s central claim is that DeSantis suspended him over 1st Amendment-protected speech rather than his official actions as state attorney.

“We vacate and remand to the district court for further proceedings consistent with this opinion. On remand, the district court should reexamine whether DeSantis would have suspended Warren based solely on the unprotected activities that motivated the suspension: Warren’s performance, his Low-Level Offense Policy, and his Bike Policy,” the ruling said.

The governor’s office told Florida’s Voice that Warren’s “declared commitment to not enforce the laws of this state is not protected by the U.S. Constitution.”

“The federal appeals court is flat wrong to have concluded otherwise,” said Jeremy Redfern, press secretary for DeSantis. “It’s disappointing that a federal appellate court would excuse such a blatant violation of that prosecutor’s oath to defend Florida law.”

“The court’s decision is also an egregious encroachment on state sovereignty,” Redfern said. “Governor DeSantis used his authority under the state constitution to suspend this prosecutor from office, and the authority to remove lies with the Florida Senate. It’s inappropriate for a federal court to intervene in this matter.”

Redfern slammed the decision as setting a “dangerous precedent” that could bolster “chaos” across the country from “politically motivated prosecutors.”

“We are still looking over the decision, but we will ensure that Florida’s sovereignty and constitution are respected,” he said.

In his suspension, DeSantis had previously said that state attorneys “have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on his personal agenda.”

Aside from abortion and transgender issues, DeSantis slammed Warren’s policy of “presumptive non-enforcement.”

“Yes, you can exercise discretion in an individual case, but that discretion has to be individualized and case specific,” he said. “You can’t just say that you’re not going to do a certain offenses.”

The governor had appointed Susan Lopez in Warren’s place.

DeSantis’ suspension of Warren has been upheld multiple times since it took place in 2022.

Warren recently decided not to run for reelection to the seat out of fear he’d be suspended again if he won.

The former state attorney celebrated the latest ruling, saying, “This is what we’ve been fighting for from the beginning—the protection of democracy.”

“We look forward to returning to the district court for 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,” Warren said.