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Andrew Warren loses Florida Supreme Court case over DeSantis suspension

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Posted at 11:54 AM, Jun 22, 2023
and last updated 2023-06-22 17:24:31-04

TALLAHASSEE, Fla. — Former Hillsborough County State Attorney Andrew Warren lost his latest fight against his suspension by Governor Ron DeSantis at the Florida Supreme Court due to waiting too long to file his case.

DeSantis said he suspended Warren for signing a national pledge to not prosecute women and doctors for violating state abortion laws or families seeking treatments for transgender minors.

In Thursday's decision, the Court said the filing for an extraordinary writ from the court was sought with an "unreasonable delay" and that the state Senate was the more appropriate venue.

"Here, within two weeks of his suspension, Petitioner sought a write of quo warranto challenging the facial sufficiency of the suspension order. But petitioner brought that claim in federal court - a court the petitioner should have known was wholly without jurisdiction to consider the claim," the State Supreme Court decision stated.

The decision continued, "Indeed, just a few weeks later, that court informed Petitioner that his claim was "bar[red]...in federal court" and that any relief would have to be sought "in state court. Yet Petitioner, who was ready to challenge the facial sufficiency of the suspension order within two weeks of his suspension, then waited almost five more months before bringing that claim in state court, all but ensuring that the 2023 regular session of the Florida Senate would come and go without any opportunity for that legislative body to potentially review the suspension."

The Florida Supreme Court said it did not know what the reason for the delay of the filing was, but that the circumstance involving "such dilatory conduct by Petitioner, we decline to consider Petitioner's claim for relief against the Governor."

The Court noted that Warren can still appeal to the state Senate. The GOP-controlled body would then have the option to review the suspension. The Florida Supreme Court's decision said the Senators would"'be just' in carrying out their 'solemn duty.'"

RELATED:

Only Florida Supreme Court Justice Jorge Labarga dissented from the majority opinion in Thursday's decision.
Read the full decision:

Florida Supreme Court decis... by ABC Action News