A federal appeals court has breathed new life into a lawsuit filed by a Hillsborough County prosecutor who was suspended by Gov. Ron DeSantis over statements related to abortion issues and trans gender health care, as well as his prosecution policies.

A three-judge panel of the 11th Circuit Court of Appeals decided Jan. 10 that a lower court erred in applying First Amendment protections in the case of suspended State Attorney Andrew Warren. In the wake of his signing policy statements advocating against prosecutions related to abortion-related offenses and transgender health care, Warren was suspended and accused of “incompetence” and failure to carry out his duties.

DeSantis has until Thursday to appeal the decision to the full 11th Circuit. Warren has been seeking reinstatement to his elected position, arguing that the First Amendment protected activities that the governor identified as reasons for the suspension.