Andrew Warren, a Democrat, has won recent court battles. But he is still losing the war to regain his seat as Hillsborough County State Attorney.
Gov. Ron DeSantis, a Republican, suspended him in August 2022, mainly over Warren's decision to sign a pledge not to prosecute abortion-related cases in the wake of the U.S. Supreme Court's decision to overturn Roe v. Wade. While a federal district court judge and a unanimous three-judge panel at the 11th Circuit Court of Appeals have ruled that suspension violated Warren's First Amendment rights, he hasn't been reinstated.
DeSantis replaced Warren with Suzy Lopez, a Republican. Last week DeSantis requested a full hearing before the 11th Circuit to appeal the ruling, which sent the case back to the lower court.
The delay in getting the case back to the federal district court in Tallahassee could upend the election for that seat in November.
Warren, who was elected by voters to the seat in 2016 and 2020, has said he won't seek re-election this year, reasoning that DeSantis could simply suspend him again if he won.
But in a conference call with reporters Monday, Florida Democratic Party Chair Nikki Fried said she wants Warren to be reinstated and then jump into the race again.
"I certainly hope that Andrew reconsiders," Fried said. "The people of Hillsborough County deserve the State Attorney that they elected."
For his part, Warren said he's only focused on winning in court and getting reinstated to his position.
"My focus is not on running, it's on serving," Warren said. "We will wait and see patiently to see what the court does."
However, if the full 11th Circuit opts to hear the case, it could delay any resolution past the time for Warren to qualify for the race. The qualifying period for state attorney races in Florida starts April 22 at noon and ends April 26 at noon.
Fried said DeSantis and his lawyers were deliberately trying to delay the case, but insisted whatever the outcome, a Democrat will be running for the Hillsborough County State Attorney seat.
"Even if the clock runs out … it is still important to set this precedent (that DeSantis) has to follow the law," Fried said. "We'll have a strong Democratic candidate."
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