Andrew Warren Challenges Governor’s Authority in Legal Battle to Reclaim His Position

A Florida prosecutor who was removed from his post by Governor Ron DeSantis is now suing to regain his position, accusing the governor of overstepping his powers and violating his constitutional rights. Andrew Warren, the elected State Attorney for Florida’s 13th Judicial Circuit, was dismissed by DeSantis in August after joining over 100 US officials in pledging not to prosecute abortion providers or those offering gender-affirming care to transgender youth.

Warren, who was first elected in 2016 and re-elected in 2020, has condemned the removal as a “blatant abuse of power” and an infringement on his First Amendment rights. He argues that DeSantis’s actions undermine the results of a free and fair election, as well as the state constitution. In a federal lawsuit filed this week, Warren asserts that the constitution’s meaning should be determined by the courts, not by DeSantis’ interpretation to silence dissent and favour his supporters.

Warren’s removal came after he signed pledges to use discretion in not criminalising abortion or gender-affirming healthcare, in response to the US Supreme Court’s overturning of abortion rights. Florida’s new anti-abortion law, which bans the procedure after 15 weeks with no exceptions for rape or incest, was a significant point of contention.

At a press conference on Wednesday, Warren described his removal as an unlawful action, saying he was escorted from his office by an armed deputy and replaced with someone loyal to DeSantis. The governor’s executive order claimed Warren’s refusal to enforce certain laws, including those targeting transgender healthcare, demonstrated “incompetence” and “willful defiance of his duties”.

Despite the absence of current Florida laws criminalising gender-affirming care or transgender rights, DeSantis argued that Warren’s stances violated state laws and undermined the rule of law. Warren’s refusal to prosecute abortion-related cases was deemed by the governor to have “nullified” Florida law, which DeSantis argued justified his suspension.

In the midst of this, Florida continues to push measures to restrict access to gender-affirming care for trans youth and has joined other states in moving to block Medicaid coverage for transgender adults. Meanwhile, the state’s Board of Medicine is considering regulations that would prevent minors from accessing gender-affirming treatments, despite contrary recommendations from federal health authorities and medical experts.