COLUMBUS, Ohio — Attorney generals led by Ohio’s Dave Yost are seeking to strengthen states’ power to remove local prosecutors who prioritize personal politics over the law, in a case that highlights the ongoing battle over reproductive rights. The group of 15 attorneys general filed an amicus brief on Tuesday in Warren v DeSantis, arguing that states must be able to defend their constitutions against local prosecutors who refuse to enforce laws they disagree with.
Yost, a staunch conservative, said, “Prosecutors have no right to veto an entire law. However, some prosecutors are acting as if they do have this power, and they are undermining our government system. The political preferences of a single prosecutor should not be allowed to override a lawfully enacted statute.”
The case before the U.S. Court of Appeals for the 11th Circuit involves Florida Governor Ron DeSantis’s removal of Hillsborough County State Attorney Andrew Warren from office last year. Warren had pledged not to prosecute individuals who provide abortions in violation of Florida law, sparking concerns among reproductive rights advocates. Warren’s appeal claims that his suspension violated his First Amendment rights.
In their amicus brief, the attorney generals urge the appeals court to reject Warren’s claim, stating that “the official punishes the misconduct the speech proves, not the prosecutor’s speech itself.” They argue that government employees do not have a First Amendment right to refuse to enforce the law, warning that a contrary ruling could hinder states’ ability to protect their constitutional systems from prosecutorial abuse.
Critics of the brief argue that it could further erode access to reproductive healthcare and set a dangerous precedent for state control over local prosecutors. They contend that the case is an example of conservative politicians using their power to punish those who support reproductive rights.
The amicus brief is supported by attorney generals from Alabama, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia.