Governor DeSantis filed a motion asking Federal Court Judge Mark Walker to step down from the case.
DeSantis argues that Walker made comments in two unrelated cases that demonstrate bias in the proceedings. DeSantis alleges that Walker’s comments show that the court has already made up its mind about Disney’s case.
Both of the case involve Plaintiff’s would alleged that the Florida government was threatening them with some form of punishment if they said or took political positions that the leaders did not like. In arguments in both of those cases, Judge Walker brought up the Disney situation as a potential example of a retaliatory act.
Disney Asks the Judge to Stay
In filing its response to DeSantis’ request, Disney argues that the judge did not display bias by being aware of the news relevant to freedom of speech concerns.
Disney argues that the comments themselves did not show manifest bias or that the court had made a decision. Rather, Disney’s attorneys argue that the statements merely stand for the fact that a party seeking relief must at least show there is some specific threat or a pattern of improper conduct.
Additionally, Disney asserts that Judge Walker has a track record of fair dealing with the State of Florida. Disney points out that the court has ruled in favor of DeSantis in numerous cases. This shows that the judge’s ability to evaluate the case fairly cannot reasonably be questioned after considering all relevant information.
What’s Next?
DeSantis will have an opportunity to file a reply to Disney’s comments. The judge will then decide whether he will stay on the case or if he’ll have a different judge come in.
If you want to read the papers, for some reason, here they are (my highlights are included):
