Staff Reports
Governor Ron DeSantis of Florida has made headlines by ousting State Attorney Andrew Warren, who enjoys support from wealthy liberal donor George Soros. Warren had previously promised not to implement Florida’s laws on abortions or transgender procedures for minors with gender dysphoria, and had taken legal action against DeSantis, claiming that his First Amendment rights had been violated. Nonetheless, a group of 14 attorneys general have filed an amicus brief confirming that states have the power to remove elected prosecutors who refuse to prosecute abortion providers for breaking the law.
State Attorneys General Rally to Remind State Prosecutors Can Be Removed for Not Enforcing the Law https://t.co/tPqLTLm7LM
— Townhall.com (@townhallcom) April 20, 2023
David Yost, Ohio’s attorney general, pointed out the longstanding principle of the separation of powers within the government branches, emphasizing that “Prosecutors do not have the authority to veto an entire law” and stating that “the personal political views of one prosecutor cannot be permitted to override a law that has been lawfully passed.” It’s worth noting that Warren had formally committed, in his official capacity, to refrain from prosecuting individuals who provide abortions that violate Florida’s laws.
The amicus brief submitted by the attorneys general centers heavily on the First Amendment arguments, emphasizing that prosecutors cannot “nullify laws by unilaterally suspending their enforcement.” Additionally, it highlights that the pledge made by Warren not to prosecute abortion providers conflicts with the fundamental principle of the separation of powers among government branches, which is common knowledge among students that legislative authority belongs to the legislative branch, not the executive branch.
The amicus brief makes it unequivocally clear that the Free Speech Clause of the First Amendment does not constrain states’ capacity to dismiss prosecutors who have vowed not to fulfill their responsibilities. Moreover, public employees are not authorized to carry out their duties irrespective of their obligations. Therefore, a prosecutor who is terminated for declining to prosecute cases as part of their official capacity has no valid First Amendment claim to make.
Initially, a federal court held that Governor DeSantis lacked the authority to remove Warren from his post as a state attorney, citing the Eleventh Amendment. Warren subsequently appealed the decision, and the court has expedited the review process for May 1st. The amicus brief has garnered the support of attorneys general from 14 states, including Alabama, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.
