In a drama playing out in the legal arena, former Florida State Attorney Andrew Warren has launched a scathing critique against the U.S. appeals court for stalling his lawsuit against Governor Ron DeSantis. The Democratic prosecutor, ousted by the Republican governor for refusing to enforce a controversial 15-week abortion ban and gender transition treatments for minors, expressed frustration at the court’s sluggish pace despite a previous revival of his claims.
On Monday night, Warren urged the Atlanta-based 11th U.S. Circuit Court of Appeals to expedite their mandate, allowing his lawsuit to proceed in the trial court. This plea followed a January ruling by a three-judge panel that reinstated Warren’s case, accusing DeSantis of infringing on his constitutional speech rights.
However, the process hit a roadblock when an unnamed judge withheld the formal order without explanation. The delay may be linked to the 11th Circuit’s internal deliberations over a potential rehearing request from the state, which could further prolong Warren’s legal battle.
Warren, who is eyeing re-election with the Democratic primary set for August 20 and the general election on November 5, argued there is no justifiable reason for the delay. His legal team emphasized that every day of inaction undermines the outcome of a free and fair election.
In his court filing, Warren contended he still has time left on his previous term as Hillsborough County’s state attorney and should be permitted to complete it. DeSantis, who suspended Warren in 2022 for refusing to prosecute abortion-related cases, justified his decision as a necessary response to “neglect of duty.”
Despite a setback at the trial court level, the 11th Circuit determined that Warren’s case warranted further consideration. The appeals panel highlighted the First Amendment’s role in protecting against politically motivated suspensions.
Statistically, the median time for the 11th Circuit to issue a final order post-appeal notice is just over ten months, yet Warren’s appeal has been pending for more than a year. The case, known as Warren v. DeSantis, continues to linger in legal limbo, with significant implications for both Warren’s career and broader issues of political and judicial accountability.
The courtroom tussle persists, with Warren represented by attorneys from Debevoise & Plimpton and Perkins Coie, while DeSantis’s defense is helmed by the Florida Attorney General’s Office and GrayRobinson.
