Judge Hinkler found DeSantis violated the U.S. and Florida Constitution, but the Eleventh Amendment does not allow him to reinstate the attorney.
Judge Robert Hinkle upheld Florida Gov. Ron DeSantis’s suspension of Hillsborough County State Attorney Andrew Warren even though he found the move unconstitutional.
DeSantis suspended the George Soros-backed attorney in August after he said he would not enforce the laws banning child sex surgeries and abortions after 15 weeks.
DeSantis told Fox News after he suspended Warren that he thinks that “some of these prosecutors that have very militant agenda in terms of ideology have been able to get away with a lot in other states.”
Warren sued DeSantis, claiming the governor “abused his power when suspending him from office.” The lawsuit accused DeSantis of violating Warren’s First Amendment rights.
Hinkle’s 59-page concluded that DeSantis violated Warren’s First Amendment rights “by considering” the attorney’s “speech on matters of public concern” and “association with the Democratic Party” and “alleged association with Mr. Soros.”
“But the Governor would have made the same decision anyway, even without considering these things,” Hinkle added. ” The First Amendment violations were not essential to the outcome and so do not entitle Mr. Warren to relief in this action.”
Then Hinkle said the suspension “violated the Florida Constitution, and that violation did affect the outcome.” However, the Eleventh Amendment does not allow him to reinstate Warren
Hinkle wrote “the Eleventh Amendment prohibits a federal court from awarding relief of the kind at issue against a state official based only on a violation of state law.”
The Eleventh Amendment states: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
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