A federal judge has upheld Florida Governor Ron DeSantis’ suspension of a liberal state attorney who refuses to uphold Florida’s 15-week abortion ban. DeSantis suspended Soros-backed state attorney Andrew Warren for refusing to enforce the pro-life law he signed earlier last year.
DeSantis signed the late-term abortion ban back in April, which could save as many as 5,000 babies from aboritons every year.
“We’re here today to protect life,” Governor DeSantis said at a large ceremony to sign the bill back in April. “We’re here today to defend those who can’t defend themselves.”
DeSantis said he suspended Warren because he failed to enforce numerous laws, including pro-life laws to protect babies.
“The constitution of Florida has vested the veto power in the governor, not in state attorneys,” DeSantis said. “We are not going to allow this pathogen of ignoring the law get a foothold in the state of Florida.”
Today, U.S. Judge Robert Hinkle ruled against the former Hillsborough County State Attorney in his lawsuit against the governor.
According to Judge Hinkle’s ruling, Governor Ron DeSantis violated the U.S. Constitution’s 1st Amendment in his decision-making process in firing Warren. However, the governor would have made the same decision even without considering the elements that violated the 1st Amendment.
Judge Hinkle then said DeSantis’ move also violated the state constitution, but the 11th Amendment to the U.S. Constitution prevents him from issuing any injunctive relief based on the violation of a state law instead of a federal law.
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From Judge Hinkle’s ruling:
The First Amendment violations were not essential to the outcome and so do not entitle Mr. Warren to relief in this action.
The suspension also violated the Florida Constitution, and that violation did affect the outcome. But the Eleventh Amendment prohibits a federal court from awarding declaratory or injunctive relief of the kind at issue against a state official based only on a violation of state law.”
DeSantis’ office praised the ruling, saying, “Today the judge upheld his decision to suspend Andrew Warren from office for neglect of duty and incompetence. Another win for Governor DeSantis and the people of Hillsborough County.”
At the time of the suspension, DeSantis said Warren has repeatedly tried to install himself as an adjudicator of what laws will and will not be enforced.
“We are suspending Soros-backed 13th circuit state attorney Andrew Warren for neglecting his duties as he pledges not to uphold the laws of the state,” DeSantis’ office said in a statement.
When DeSantis signed the 15-week law, the governor said the bill “protects the rights of unborn children starting at 15 weeks. This is a time where these babies have beating hearts. They can move, they can taste, they can see, they can feel pain, they can suck their thumb, and they have brain waves.”
“Life is a sacred gift worthy of our protection, and I am proud to sign this great piece of legislation which represents the most significant protections for life in the state’s modern history,” he said.
“So this will represent the most significant protections for life that have been enacted in this state in a generation.”
Following the Supreme Court’s decision to overturn Roe v. Wade, some Democrat district attorneys and prosecutors are saying they will not uphold or enforce various pro-life laws or abortion bans and DeSantis’ move could be the first in a long line of decisions to remove them or limit their powers for not protecting babies and enforcing the law.