By David M. Greenwald
Executive Editor
Tampa, FL – A federal appellate court ruled in favor of former Hillsborough State Attorney Andrew Warren when it ruled that Warren’s statements are not only protected by the First Amendment, but a lower court has the authority to reinstate him.
The U.S. Court of Appeals for the Eleventh Circuit vacated and remanded the District Court’s opinion regarding the illegal suspension by Florida Governor Ron DeSantis.
According to spokepersons for Warren, “Today’s decision vindicates the arguments made by Warren’s legal team that have been at the core of their case—that Warren was duly elected by the voters to serve as State Attorney and that the governor violated federal law when he was suspended from office in August of 2022.
“This is what we’ve been fighting for from the beginning—the protection of democracy. We look forward to returning to the District Court to obtain 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 following the ruling.
The ruling comes two days after Warren announced he would not seek reelection for a third term.
According to an announcement earlier this week, “He arrived at the decision following an assessment that showed a high risk that after Warren wins reelection in November 2024, Gov. Ron DeSantis would simply repeat his illegal suspension of Warren and replace Warren again with an unelected political appointee—potentially installing the very person who just lost the election into the position. “
“I have been planning to run for re-election since the day I was suspended. But the governor has made clear that he does not care about the will of the voters or our democracy, and that he is willing to break state and federal law to keep me from serving as State Attorney,” Warren said in an email this week.
Warren continued, “Because the courts have let his illegal political stunt stand, if I ran and won, he could suspend me again for whatever bogus reason he wanted. And then we would be right back where we are today, with an illegal, unqualified political appointee installed in the job.
“I care about the State Attorney’s Office and this community too much to have that cloud of uncertainty hanging over us. I care too much to have that office remain leaderless—with an unlawful political puppet placed in a position she didn’t earn and isn’t qualified to hold.”
The question is will that change with the new ruling?
Fair and Just Prosecution Executive Director Miriam Krinsky welcomed today’s opinion from the 11th Circuit Court of Appeals.
“We are greatly encouraged by the Court of Appeals’ ruling that Gov. Ron DeSantis’ removal of State Attorney Andrew Warren violated his First Amendment rights and that the lower court must reevaluate the legality of his suspension based on today’s decision,” Krinksy said in a statement on Wednesday. “This is an important confirmation of the need to preserve and protect the will of the people of Hillsborough County, who twice elected SA Warren based on his vision of promoting public safety through data-supported approaches to prosecution.”
Krinsky explained, “Today’s opinion reaffirmed that there has never been a legal justification for the governor’s removal of SA Warren, and that the governor engaged in a political witch hunt for his own personal gain.
“At a time when local control and prosecutorial independence are under assault by some nationwide, it’s essential that the courts protect communities from the tyrannical behavior of politicians who care far more about protecting their own power than about protecting public safety.”
Warren’s legal team reacted as well.
“The appellate court found that the First Amendment protects the rights of elected officials to share their views and opinions on important issues with voters. That’s what State Attorney Warren did,” said J Cabou, one of Warren’s lead attorneys from the law firm of Perkins Coie. “Further, the appellate court reiterated that the voters elected Mr. Warren to his post, and if alignment with the Governor’s political ideology is a prerequisite for holding elected office that there would be no point in having elections at all.”
In his decision, Judge Robert Hinkle in the Northern District of Florida, found that DeSantis broke federal law by suspending Warren in retaliation for Warren’s speech on matters of public importance and for his association with the Democratic Party, which violated Warren’s First Amendment rights under the U.S. Constitution. The court, however, wrote that it lacked the authority to reinstate Warren under the Eleventh Amendment.
Judge Hinkle, the Court of Appeals wrote, “The Eleventh Amendment permits federal courts to remedy First Amendment violations”—clearly explaining that Judge Hinkle has the authority to reinstate Warren.
The case will now return to Judge Hinkle to make a new finding under the parameters laid out in Wednesday’s opinion.
