DeSantis, Suspended Prosecutor Spotlight Bigger Discretion Fight

May 1, 2023, 9:15 AM UTC

Florida Gov. Ron DeSantis’ court fight with a suspended state attorney who refused to enforce anti-abortion laws will serve as a high-profile legal test as local prosecutors face more scrutiny over cases they decline to bring.

Andrew Warren’s lawsuit over the governor’s decision is set for oral arguments May 2 before the US Court of Appeals for the Eleventh Circuit. The elected Democratic prosecutor argues the Republican governor violated his First Amendment rights in suspending him for speech and related conduct that were political in nature.

Similar tensions between prosecutors and state officials are playing out across the country, driven ...

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