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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsState Attorney removed by DeathSantis for bogus reasons has sued DeathSantis
This lawsuit will be fun to watch
Link to tweet
MagickMuffin
(15,936 posts)Ron DeStansis does not have the power he thinks he does.
FBaggins
(26,728 posts)It's effective for PR, but isn't a legal argument.
The state constitution gives the governor the power to remove Warren. He might very well have abused that power, but the courts aren't going to care that someone was "duly elected"... because everyone that a governor could remove in this way would have been duly elected.
Mortos
(2,390 posts)Under the state constitution, a governor can suspend state officials for misfeasance, malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties or commission of a felony.
There is no claim that Warren committed any of these things. He has not had an abortion case come before him. Transgender care is not illegal under Florida law (yet).
This is a blatant example of executive overreach and abuse.
Warren has a case against Desantis. The law is on his side.
crickets
(25,962 posts)FBaggins
(26,728 posts)Theyre explicit in the executive order removing Warren.
We could argue that the claims are unsupported and represent an abuse of authority
but the problem is that the state courts seem to have said that such a determination is to be made not by the courts, but by the state senate.
zuul
(14,624 posts)Ray Bruns
(4,093 posts)BradAllison
(1,879 posts)calimary
(81,220 posts)Has a nice ring to it.
LetMyPeopleVote
(145,130 posts)DeathSantis illegally removed this elected public official as a stunt because DeathSantis disagreed with some of the public opinions of tis elected official. Mr. Warren disagreed with the Florida abortion law and the plans to criminalize gender affirming treatment of trans youth. This lawsuit will be fun to watch
Link to tweet
https://www.politico.com/news/2022/08/17/warren-sues-desantis-in-federal-court-over-suspension-00052345
DeSantis detractors immediately condemned Warrens Aug. 4 suspension as political overreach and targeting a political foe. The governor framed the move as maintaining his law and order philosophy and characterized Warrens suspension as removing a progressive prosecutor who refused to enforce laws. Warren has twice been elected to serve as State Attorney for the 13th Judicial Circuit.
This morning I filed a suit in federal court to challenge that blatant abuse of power by Governor DeSantis in suspending me as state attorney, Warren said during a Wednesday morning press conference in Tallahassee. There is so much more at stake here than my job.
Warrens lawsuit, filed in the U.S. District Court Northern District of Florida, alleges that DeSantis violated his First Amendment rights by suspending him for signing a pledge to not prosecute women for seeking abortions and his public statements opposing the criminalization of transgender people. He is asking the court to throw out DeSantis executive order used to suspended him and to rule governors are not allowed to take similar actions moving forward.
It also alleges DeSantis overstepped his authority to suspend elected officials from office because he did so with Warren only for signing pledges, rather than in response to an official action. The issue is likely now headed to the Republican-led Florida Senate, which would have to take action before Warren is formally removed from office.
Rebl2
(13,492 posts)has done this before. Several years ago now the citizens of our state voted to get rid of puppy mills.
Our state house a few months later overturned what the citizens voted in favor of. They have done so a couple times since on other issues. It feels like betrayal.
jaxexpat
(6,818 posts)DeSantis' brownshirts will have their way until the federal government overrules them. There are entirely too many churches with a 'no minimum IQ ' policy in Floriduh. What that means is, people who don't have the capability of understanding issues will be responsible for judging their value.
keithbvadu2
(36,775 posts)Yet DeSantis had no qualms about covering up felony forgery by his own kind.
https://www.democraticunderground.com/10142957259
https://www.google.com/search?client=firefox-b-1-d&q=desantis+covers+up+felonies
Phoenix61
(17,002 posts)Be a shame for it to happen close to mid-terms but you know how long it can take for cases to get in front of a judge.