In a recent ruling, a federal appeals court overturned the trial-court win of Florida Gov. Ron DeSantis, regarding his removal of state prosecutor, Andrew Warren, who had pledged not to enforce anti-abortion laws. DeSantis had ousted Warren from office in 2022, citing his refusal to enforce abortion restrictions amongst other lenient or non-enforcement policies for certain low-level crimes. Warren’s removal is part of a wider pushback by Republican governors and state legislatures against local prosecutors who support progressive reforms.
The US Court of Appeals for the Eleventh Circuit found the lower court had erred by setting aside concerns related to the prosecutor’s First Amendment rights, and remanded the case for further review. Notably, the US District Court for the Northern District of Florida had previously stated that some factors that motivated DeSantis to suspend Warren involved the prosecutor’s First Amendment rights.
However, the lower court also held that DeSantis would have suspended him anyway based on other factors not involving free-speech protections. Upon remand, DeSantis will need to prove any unprotected activity, such as Warren’s performance or his policies, prompted the suspension.
Warren was one of more than 100 state attorneys, prosecutors, and attorneys general who signed a statement vowing not to prosecute abortions on June 24, 2022. This was the same day the US Supreme Court published its opinion in Dobbs v. Jackson Women’s Health Organization overturning the constitutional right to abortion.
Judge Jill A. Pryor from the Eleventh Circuit penned the decision, stating, “The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to gain political benefit.”
Representing Andrew Warren in the case were attorneys from leading firms such as Debevoise & Plimpton LLP, Perkins Coie LLP, and Older Lundy Koch & Martino, while DeSantis was represented by the Florida attorney general’s office and the attorneys from GrayRobinson PA. The appeal was also decided with the help of Eleventh Circuit Judge Kevin C. Newsom and US District Judge Anne C. Conway, with Judge Newsom providing a concurring opinion.
The case Warren v. DeSantis continues, leaving ongoing implications for the ongoing battle over free speech and the enforcement of anti-abortion laws.