So what’s new in DuhSantistan?

Exactly. This is actually good for him. To show that you are willing to abuse power, violate the Constitution and can get away with it, will only make him seem more attractive to the MAGA base, who are looking for a leader that will violate laws and norms

 

BTW, having finally had the chance to review the opinion (somewhat), it's hilarious that DeSantis is touting this as a win. He "won" because Judge Hinkle concluded that DeSantis lied about his reason for getting rid of Warren (and that reason violated the First Amendment). So he prevailed because his reason was supposedly a pretext to do what he wanted, which was to remove a liberal prosecutor he personally disliked. If that's a "victory," Will Muschamp was a successful head coach at UF.

 

From a layman it sure sounds like a hell of a lot support for an appeal or refile with different claim.

 

Reminds me of DT impeachment wins. A win is a win I guess.

 

From a person who does this type of work, you don't appeal. The Eleventh Circuit is a right-wing court. You're not getting a better ruling from them. And you don't refile because there is no viable federal claim.

You can go to state court, but the state courts are controlled by people DeSantis put in power, so winning there isn't something I'd bet on happening, personally. But if Warren is motivated enough, he can try his luck there.

EDIT: And I hope my first sentence wasn't taken as insulting or condescending. Tone sometimes gets lost on the internet. It's easy to understand why a layman would read it that way. Since my job involves filing politically controversial lawsuits like these, it requires that I know the politics of the judges in this region. For a liberal cause, Judge Hinkle is a very favorable draw. If he's not ruling in your favor, you're not getting a win in the Eleventh Circuit.

 

Im having a hard time reconciling it being legal for someone to violate your FIRST A rights and there being no remedy. When did that hapoen?

 

You wouldn't think that would be the case, but the government gets away with violating people's rights far too often. The judiciary has created all sorts of traps for civil rights litigants that allow the government to win even when it's done exactly what it's accused of doing. And the judiciary absolutely loves moving the goal-posts to broaden those traps when you think you've evaded them. It's why we need less former prosecutors and government lawyers on the bench. They bend over backwards for the government.

But in this case, I understand why Judge Hinkle did it this way. If I was in his shoes, I'd have probably done the same thing. My feeling when I saw this case filed was that a federal judge wouldn't want to put himself in the position of having to order a governor to reinstate Warren and remove somebody else from office.

 

DeSantis assumed Gov. of Fl on Jan 8, 2019

 

The "trap" in this case was the 11th Amendment to the US Constitution.

 

Here is a great sermon for you from John MacArthur on Matthew 7:1-6 if you want to have a discussion on it…

Stop Criticizing

We are in a political message board lol. And maybe the post I was responding to could acknowledge that Florida is top 5 in academic achievement….

State Grades on K-12 Achievement: 2021 Map and Rankings

Sorry you did not like my opinion. But I will be happy to have a real discussion on Matthew 7 if you would like.

 

Not really. The crux of the ruling was a judicially-created doctrine that a 1A violation cannot invalidate state action if that action would have happened regardless of the protected factors. That's perhaps a logical doctrine, but definitely judicially sourced and but by no means a clear constitutional requirement.

Ultimately, though, I think it's clear Hinkle punted. His conclusion that DeSantis did improperly consider Warren's party affiliation, but that it somehow wasn't a causative factor in the suspension decision just doesn't hold water. There's no universe where Warren gets suspended if he's a Republican (and very likely anything but a Democrat). That's about as "but-for" as it gets. And considering it's DeSantis's burden to prove otherwise, it's a pretty straightforward win for Warren under Hinkle's description of the facts.

As @gator_lawyer said, a federal judge just did not want to be in the position of ordering the governor to reinstate a local official. Particularly, I think, in a case like this, where Warren's first move was to go straight to federal court on a federal constitutional claim instead of exhausting potential state-law remedies (basically the premise of Pullman abstention, if not exactly on point).

 

Please excuse me if I look elsewhere for religious guidance.

 

I figured you did not want a real discussion and was just throwing out an ad hominem.

Always open for discussion though…

 

LOL…

I bet @GatorJMDZ wont be brining his ad hominem for you. LOL.

Feel better about yourself. You certainly clarified I was correct in my opinion.

 

And next time you might want to search out an accurate bumper sticker to learn from when it comes to academic achievement…

State Grades on K-12 Achievement: 2021 Map and Rankings

 

T-shirt going around: Don’t New York My Florida

But if it’s anything like what’s happening here in North Carolina, the transplants are New Yorkers escaping liberal policies.