The First Amendment will be reconsidered in the case of a Democratic Florida prosecutor who was suspended by Republican Governor Ron DeSantis on Wednesday, as ruled by a federal appeals court.

The 11th U.S. Circuit Court of Appeals has referred the case of ex-prosecutor Andrew Warren back to a trial judge in Tallahassee. This is to determine if the governor’s suspension was unfairly based on statements that Warren signed with other prosecutors, which opposed the criminalization of abortion and gender care.

In August 2022, DeSantis, a contender for the Republican Party’s presidential nomination, used the aforementioned advocacy remarks as justification for suspending Warren. Warren was then replaced by Republican Suzy Lopez as the state attorney in Tampa. Despite being elected twice before, Warren has declared that he will not be running for office again this year.

In January, Judge Robert Hinkle of the U.S. District Court ruled in Warren’s case and agreed that his statements advocating for a cause were covered under the First Amendment. However, Hinkle also acknowledged that DeSantis may have still suspended Warren for other reasons.

The ruling of the 11th Circuit was overturned and Hinkle was directed to conduct additional proceedings. During these proceedings, DeSantis must demonstrate that the suspension was justified by Warren’s performance and policies in office, rather than solely his political activism.

Judge Jill Pryor stated in her 59-page ruling that the First Amendment prohibits DeSantis from selecting a reform prosecutor and then removing them for personal gain. She also noted that the First Amendment safeguards his ability to sign statements related to transgender care and abortion.

The decision states that “neither statement mentioned a particular law in Florida. Instead, the statements, which were made to a wider audience, contained wording that does not apply to Florida.”

Warren expressed in an email that he is hopeful the ruling will result in his reinstatement as state attorney.

Warren stated that their fight has always been for the safeguarding of democracy. They are eager to go back to the District Court and secure the justice that has been withheld from them and the voters of Hillsborough County for 17 months. This includes restoring the individual chosen by the voters.

The press secretary for Governor DeSantis, Jeremy Redfern, stated that the governor’s office strongly disagrees with the decision of the appeals court. They believe that this ruling could establish a harmful precedent, allowing prosecutors to disregard laws based on their political beliefs.

The state prosecutor’s decision to not uphold the laws of the state is not covered by the U.S. Constitution. Redfern expressed disappointment in the federal appeals court for ruling otherwise and excusing the prosecutor’s clear disregard for their oath to defend Florida law.

The Florida Supreme Court denied Warren’s reinstatement last year, citing that he had not filed a petition within the appropriate timeframe.

Warren’s suspension was the first one made by the Republican governor involving Democratic elected state attorneys. Last year, DeSantis suspended Monique Worrell, who was the state attorney for the Orlando area. Worrell is challenging the decision before the Florida Supreme Court.