In his order, Judge Robert Hinkle wrote that the governor had violated the Florida Constitution, but said the matter could not be resolved in the federal court’s jurisdiction.
January 21, 2023

This is just crazy. The federal judge says he can't override DeSantis, even though he broke the law. Via WFLA.com:

TAMPA, Fla. (WFLA) — A federal judge announced a long-awaited decision on whether Hillsborough State Attorney Andrew Warren should be restored to office, ruling Friday that the ousted prosecutor cannot be reinstated, even though Gov. Ron DeSantis violated state law when he suspended him last year.

In August, DeSantis suspended Warren from Florida’s 13th Judicial Circuit, accusing him of neglect of duty after Warren signed pledges stating he would not enforce a new 15-week abortion law or prosecute providers of gender transition treatment for young people.

Warren was one of a number of other state attorneys and prosecutors from around the country who signed the pledges. He filed a federal lawsuit later that month, accusing DeSantis of abusing his power over the suspension from office.

Here's what the judge said:

In his order, Judge Robert Hinkle wrote that the governor had violated the Florida Constitution, but said the matter could not be resolved in the federal court’s jurisdiction.

“The suspension also violated the Florida Constitution, and that violation did affect the outcome,” Hinkle wrote. “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.”

Can you help us out?

For over 20 years we have been exposing Washington lies and untangling media deceit, but social media is limiting our ability to attract new readers. Please give a one-time or recurring donation, or buy a year's subscription for an ad-free experience. Thank you.

Discussion

We welcome relevant, respectful comments. Any comments that are sexist or in any other way deemed hateful by our staff will be deleted and constitute grounds for a ban from posting on the site. Please refer to our Terms of Service for information on our posting policy.
Mastodon