Andrew Warren plans to appeal federal court decision in his lawsuit against Florida governor
Suspended Florida State Attorney Andrew Warren holds a press conference discussing his recent lawsuit against Florida Governor Ron DeSantis on August 17, 2022 in Tampa, Florida. Warren was suspended of his duties by Governor Ron DeSantis on August 4t
TAMPA, Fla. - The legal battle between Governor Ron DeSantis and Andrew Warren continues as the suspended Hillsborough state attorney announced he plans to file an appeal in his federal lawsuit against the governor in a renewed bid to get his job back.
The Florida governor ousted him from office for neglect of duty in August. It came after Warren signed pledges agreeing not to criminalize those seeking and providing abortions and gender-affirming cases. Warren sued, but last month, he lost his legal fight to get his job back.
While U.S. District Judge Robert Hinkle ruled the governor violated Warren's first amendment rights, the judge also said he didn't have the jurisdiction to reinstate the twice-elected state attorney, saying federal law prevents him from returning Warren to the office through a lawsuit that centered on state law.
PREVIOUS: Ousted Florida state attorney cannot legally be reinstated by U.S. court, judge rules
Tuesday, Warren filed a notice of appeal in the case, seeking to bring it to the U.S. Court of Appeals for the 11th Circuit in Atlanta. A three-judge panel will hear his appeal first.
If he loses before the panel, he can either request a hearing before all the judges or as the U.S. Supreme Court to take up the case.
DeSantis suspended Warren last year over the prosecutor’s signing of statements that said he would not pursue criminal charges against seekers or providers of abortion or gender transition treatments, as well as policies about not charging people with some minor crimes.
The notice of appeal comes a month after a federal judge in Tallahassee dismissed Warren’s lawsuit against DeSantis.
FROM JUNE 2022: Hillsborough State Attorney pledges not to press charges against abortion patients, doctors
"The idea that the governor can get away with breaking federal and state law should offend anyone who believes in freedom — free speech, free elections, and that no one is above the law," Warren said in a statement. "We’ve proven that DeSantis broke the law, and I’ll keep fighting until I’m back doing the work that the people elected me to do."