Former Hillsborough County State Attorney Andrew Warren is pressing forward with his legal challenge against Florida Governor Ron DeSantis, despite losing his bid to reclaim his old job in the recent election.
Warren, a Democrat, was suspended by DeSantis in 2022 for alleged “incompetence and willful defiance of his duties.” DeSantis appointed Suzy Lopez to replace him, and she subsequently won the election for State Attorney last month.
Although Warren’s 2020 term expires in January, his attorneys argue that the case is not moot and should proceed. They seek vindication for Warren and the possibility of back pay for the time he was out of office.
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DeSantis’s legal team contends that reinstating Warren would be disruptive and “undermine the will of the voters” who elected Lopez. They argue that the case is moot since Warren’s term is ending, and a court ruling cannot reinstate him to an expired term.
The case centers on Warren’s First Amendment rights. DeSantis suspended Warren for signing statements supporting abortion rights and transgender care, and for policies limiting prosecution of certain offenses. Warren maintains that his suspension was politically motivated.
A federal judge initially ruled that while Warren’s First Amendment rights were violated, DeSantis had other grounds for suspension. However, an appeals court overturned that ruling, finding the suspension unconstitutional and ordering further review.
READ: Warren Vs. DeSantis: Legal Battle Over Suspension Continues In Florida
With the lawsuit unresolved and Lopez’s election win, the case has become more complex. Warren’s attorneys argue that the case must continue to protect him from future retaliation and potentially secure back pay. DeSantis’s team warns of the disruption and potential danger to public safety if Warren is reinstated.
The legal battle continues, with both sides presenting their arguments to the 11th U.S. Circuit Court of Appeals. The outcome could have significant implications for the balance of power between the governor and elected officials in Florida.
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