Judge Walker stepped down, but not for the reasons DeSantis argued
Judge Walker did not think very highly of DeSantis’ motion asking for him to step down from the case. In his order, he ruled that DeSantis’ motion was “wholly without merit.” He said that “the motion is nothing more than rank judge-shopping.” He also lamented that “Sadly, this practice has become all too common in this district.”
However, Judge Walker separately found that a relative of his holds stock in Disney. He explained, “Even though I believe it is highly unlikely that these proceedings will have a substantial effect on The Walt Disney Company, I choose to err on the side of caution — which, here, is also the side of judicial integrity — and disqualify myself.”
He also commented that “Maintaining public trust in the judiciary is paramount, perhaps now more than ever in the history of our Republic.” This is likely referencing the ethical concerns related to Justice Clarence Thomas and others at the US Supreme Court.
Ultimately, Gov DeSantis got what he wanted, a new judge, even though it wasn’t for the reasons he presented. Bu
New appointed judge is Allen Winsor, a Trump nominated judge
Judge Winsor received his law degree from the University of Florida. He is a former Solicitor General of Florida and sat on the Florida State Court of Appeals. In 2018, President Trump nominated him to the US District Court, where he currently sits.
Like many of the CFTOD Board’s Attorneys, Winsor is involved with the Federalist Society, a conservative/libertarian legal organization.
Judge Winsor has backed DeSantis-led government in prior cases
Since taking the bench, Judge Winsor has overseen on at least an handful of first amendment cases (Disney’s case is a First Amendment claim).
He dismissed a lawsuit challenging the “Don’t Say Gay” law. The dismissal was not based on the law itself. Rather, the judge found that the plaintiffs in that case could not demonstrate a type of injury that the court to address. https://wusfnews.wusf.usf.edu/courts-law/2022-10-03/a-federal-judge-has-rejected-a-challenge-to-the-so-called-dont-say-gay-law
He also dismissed a lawsuit brought by an individual who claimed she was dismissed from her position on a Police Review Board for using a mug that said “Abolish the Police” on it. https://news.wfsu.org/wfsu-local-news/2023-03-15/federal-judge-dismisses-first-amendment-lawsuit-against-city-of-tallahassee
However, Judge Winsor did agree with the ACLU in a First Amendment claim in which the ACLU alleged a Florida law violated their free speech by limiting ACLU’s ability to provide contributions to political issues. https://www.aclufl.org/sites/default/files/field_documents/2022-06-15_order_granting_dckt_73_0.pdf
How this is good and bad for Disney
While this is not an outcome Disney wanted (based on the fact that they opposed the motion asking Judge Walker to recuse himself), if Disney wins the case, the eliminates the potential that DeSantis can complain about judge bias or judicial activism. Disney would be winning on DeSantis’ home court. So the good news for Disney is that if they win, they win big.
That is, of course, a big “if.”
The bad news is that this new judge will likely be more inclined to rule against Disney. Remember that we haven’t really heard DeSantis’ version of the story yet. His attorneys will probably try to paint a picture that shows Disney’s complaint is taking soundbites out of context. They will show that DeSantis’ treatment of the Reedy Creek situation is just part of an overall legitimate effort to institute cohesive, conservative regulations. They will tell the court that Disney is doing what they do best: Telling a good story.
This new judge certainly appears more politically aligned with a right-wing view. While I do not buy that the entire judicial system is corrupt–that judges are just going to rule for their political friends–I also have no doubt that a judge’s political leanings and preferences will influence how they see issues. In close cases, they have the ability to reason their way into a decision that they like. Heck, they can do this even if the case is not close.
Although there is some silver lining for Disney, this outcome is pretty much the worst-case scenario for them on this particular issue.
