Andrew Warren vs. Ron DeSantis – here are briefs filed before Tuesday’s appeals court arguments in Alabama

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Hillsborough County's suspended State Attorney Andrew Warren
Andrew Warren on WMNF. Zoom screen capture, 20 Sept. 2022.

At 3:00 p.m. ET Tuesday a three-judge panel of a U.S. Circuit Court of Appeals in Alabama will hear arguments in the case where Hillsborough County’s suspended State Attorney Andrew Warren is challenging his suspension by Florida Governor Ron DeSantis.

The Governor suspended Warren in August, accusing him of “incompetence and willful defiance of his duties.”

Warren filed a lawsuit challenging the suspension. He argues that it was politically motivated and violated his speech rights.

In January a U.S. District Judge ruled that DeSantis’ suspension violated the Florida Constitution and the U.S. Constitution’s First Amendment.

But the judge said he lacked the authority to reverse the governor’s action.

Warren has appealed and that appeal is what’s at stake Tuesday in Alabama.

In a press release Tuesday morning, Warren’s team points out that “he is legally entitled to reinstatement” and that the first judge “mistakenly concluded that [he] lacked the authority to reinstate Warren.”

In one legal brief submitted to the Appeals Court, the Warren team writes, “In the Governor’s view … federal courts are powerless to do anything about [violations of the First Amendment]. Whatever else the Governor’s worldview describes, it does not reflect the law in this Circuit or this country.”

That appeal will be heard Tuesday afternoon. You can listen here.

In a separate lawsuit, Warren is also petitioning the Florida Supreme Court for reinstatement.

You can hear the full episode of WMNF’s Tuesday Cafe here.

Here are the documents Warren’s side filed in the appeals court:

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