A federal judge declined to reinstate Florida prosecutor Andrew Warren, after Governor Ron DeSantis suspended him because Warren said he wouldn’t bring criminal charges under the state’s 15-week abortion ban.
(Bloomberg) — A federal judge declined to reinstate Florida prosecutor Andrew Warren, after Governor Ron DeSantis suspended him because Warren said he wouldn’t bring criminal charges under the state’s 15-week abortion ban.
The ruling Friday by US District Judge Robert L. Hinkle in Tallahassee is a boost for DeSantis, who is widely seen as a leading Republican candidate for president in 2024, should he seek his party’s nomination. The governor sailed to reelection this year.
Some legal experts predicted that DeSantis would have an advantage in his battle with Warren, a Democrat, as Florida law grants governors wide latitude in using their executive authority to remove state officials, and courts in the state have been deferential to this gubernatorial authority in other cases.
Read More: DeSantis Sued by Prosecutor Suspended Over Abortion Ban
Hinkle wasn’t persuaded by Warren’s argument that he had never been presented with any cases involving the state’s abortion ban and that the governor’s decision to suspend him was based solely on public statements Warren had made, which he argues qualify as constitutionally protected speech.
Warren joined a group of local prosecutors across the country in signing a statement in which they pledged to “refrain from prosecuting those who seek, provide, or support abortions,” after the US Supreme Court in June ended federal constitutional protections for the procedure. DeSantis removed him from his position in August.
The case is Warren v. DeSantis, 22-cv-00302, US District Court, Northern District of Florida (Tallahassee).
Read More
- They Pledged Not to Prosecute Abortions. The Reality Is Tougher
- DeSantis Ignores Trump, Touts Florida Victory at Donors Event
- Prosecutor Suspended by DeSantis Loses Bid to Get Job Back
More stories like this are available on bloomberg.com
©2023 Bloomberg L.P.