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Tags: rondesantis | andrewwarren | suspension | wokeism

Judge Upholds DeSantis' Suspension of Woke Florida Prosecutor

By    |   Friday, 20 January 2023 08:24 PM EST

A federal judge on Friday upheld Republican Florida Gov. Ron DeSantis' suspension of a state attorney, ruling the court doesn't have the power to restore prosecutor Andrew Warren's job.

DeSantis suspended Warren, a twice-elected Democratic state attorney from Hillsborough County, with an executive order on Aug. 4, accusing him of neglecting his duties by refusing to enforce state laws. Warren had signed with other elected prosecutors throughout the nation a pledge to refrain from prosecuting cases involving abortion or transgender health care.

Warren filed suit Aug. 17, claiming DeSantis "violated his right to free speech and exceeded the limited authority that the Florida Constitution grants DeSantis to suspend Warren from office in extraordinary circumstances."

In a 59-page ruling, U.S. District Judge Robert Hinkle, a Bill Clinton appointee, determined DeSantis violated Warren's First Amendment rights, but they were not essential to the outcome of the case. What was essential, Hinkle wrote, is that DeSantis violated the Florida Constitution by suspending Warren because that document declares a "state attorney has complete discretion in making the decision to charge and prosecute" any given case.

But Hinkle decided the 11th Amendment to the U.S. Constitution "prohibits a federal court from awarding declaratory or injunctive relief of the kind at issue against a state official based only on a violation of state law," so he concluded he could not restore Warren's job.

"From the beginning, I said this case is bigger than just me," Warren said Friday in a video posted on his Twitter account. "The idea that a governor can break federal and state law to suspend an elected official should send shivers down the spine of anyone who cares about free speech, the integrity of our elections or the rule of law. ... This is not over."

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A federal judge on Friday upheld Republican Florida Gov. Ron DeSantis' suspension of a state attorney, ruling the court doesn't have the power to restore prosecutor Andrew Warren's job.
rondesantis, andrewwarren, suspension, wokeism
296
2023-24-20
Friday, 20 January 2023 08:24 PM
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