In August 2022, Governor DeSantis suspended 13th Circuit State Attorney Andrew Warren for refusing to enforce Florida’s new abortion law and picking and choosing which laws to enforce. At the time, Warren said his suspension “spits in the face” of the voters in Hillsborough county who elected him twice.
After fighting to be reinstated, a federal judge on Monday denied the motion to immediately reinstate him as State Attorney because he said he would not enforce the state’s abortion laws.
For the time being, the Soros-backed Andrew Warren will not be reinstated while the prosecutor’s case challenging DeSantis’ firing continues onward. https://t.co/RA9gzNd1Gf
— The Post Millennial (@TPostMillennial) September 20, 2022
The action to suspend Warren follows a decision in Indiana to remove a prosecutor from a case where the prosecutor, like Warren, refused, in writing, that he wouldn’t press charges if Indiana’s new abortion law is violated.
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In Florida, US District Judge Robert Hinkle denied Warren’s motion for a preliminary injunction. He also rejected the state’s motion to dismiss Warren’s claims regarding his 1st Amendment rights and granted the state’s motion to dismiss his state law claims.
“We look forward to a trial on the merits,” Warren said in a video posted to his Twitter account after Monday’s court hearing. “And, as the judge said, we especially look forward to the governor having to come into court—where facts and truth matter—and try to justify what he did.”
DeSantis’s spokeswoman, Taryn Fenske, said in an email that they were happy that the court Denied Andrew Warren’s request for a preliminary injunction.
“The Governor is entrusted by the people of Florida to utilize his constitutional powers and may suspend elected officials in Florida who refuse to enforce the law,” Fenske wrote.
Warren has argued that governor DeSantis had overreached his authority and violated his First Amendment rights. He asked the judge to order the governor to rescind the open-ended suspension and to prohibit the governor from retaliation against him in the future. The judge has common sense and is not a stark-raving mad liberal.
The Florida decision not to reinstate Andrew Warren follows the case of an Indiana judge giving a prosecutor the boot from a case that challenged the state’s new near-total abortion ban.
Like AndrewWarren, Marion County Indiana Prosecutor Ryan Mears took it upon himself to sign a pledge not to bring criminal charges against anyone who violates the state’s abortion bans. Mears hired outside counsel to represent his office in the Indiana case, where his county is a defendant while he agrees with the plaintiffs.
Indiana’s abortion ban took effect last week. It outlaws abortion except for rape or incest, and it has to be within the first ten weeks of pregnancy, in instances of a “lethal fetal anomaly,” or to prevent “any serious health risk” for pregnant women. Professional and criminal penalties exist for any medical provider who violates Indiana’s state abortion laws.
The state of Florida law now bans abortions after 15 weeks, with a few exceptions. Violators in the state may face up to five years in prison, and medical professionals, including doctors, could lose their licenses and even face administrative fines upwards of $10,000 for each violation.
Florida Gov. Ron DeSantis suspended a county state attorney who vowed not to enforce state laws, such as prosecuting women seeking an abortion or doctors who perform them.https://t.co/Ewcz9uFvTu https://t.co/Ewcz9uFvTu https://t.co/MKMDQAwSjZ
— Newsmax (@newsmax) August 5, 2022