https://www.nationalreview.com/corner/the-bogus-lawsuit-against-ron-desantis-for-removing-a-rogue-prosecutor/
Florida governor Ron DeSantis suspended Hillsborough County state attorney Andrew Warren for announcing his refusal to prosecute entire categories of cases. Warren, a Democrat, is angry and suing the Republican governor to get his job back. But DeSantis is on solid legal ground.
Warren’s effort faces three problems, which I have explained at length. One, Florida’s constitution gives DeSantis the explicit power to suspend a state attorney. Two, the permitted grounds for doing so include “neglect of duty,” and the Florida supreme court has construed that phrase broadly as far back as 1937 to include failure to prosecute classes of cases, and confirmed the breadth of that power as recently as a 2019 decision upholding a DeSantis suspension of a sheriff. Three, the Florida Supreme Court has also recognized since that 1937 case that all the governor has to do is announce legitimate grounds for suspension; by the explicit division of authority in the Florida constitution, deciding whether the facts support the governor’s conclusion is up to the state senate, not the courts. Florida’s Republican-run state senate is unlikely to sympathize with Warren.
Warren has filed suit seeking a writ of quo warranto under Florida law, the same remedy the courts denied in those previous cases. In an attempt to get around the clear Florida caselaw, however, Warren filed his suit in federal court, and tacked on a First Amendment claim. It won’t help him. Warren’s complaint and his press conference announcing it were full of florid rhetoric about how DeSantis is supposedly trying to “toss out the results of an election” by exercising a constitutional power of oversight, and this bit of nonsense: “Warren brings this lawsuit to confirm that the First Amendment still applies even though DeSantis is the Governor of Florida and that the Constitution of the State of Florida means what the courts say it means, not whatever DeSantis needs it to mean to silence his critics, promote his loyalists, and subvert the will of the voters.” Critics of DeSantis who call his move “fascist” and a sign of “autocracy” and ask, “Since when does the governor have veto power over the people’s choice?” should probably have read the Florida constitution and the cases. So should Warren and his lawyers at Perkins Coie before filing this stunt lawsuit.