Mark E. Walker
{{Short description|American judge (born 1967)}}
{{Other people|Mark Walker}}
{{Infobox judge
|name = Mark Walker
|image = Mark E. Walker.jpg
|office = Chief Judge of the United States District Court for the Northern District of Florida
|term_start = June 23, 2018
|term_end = June 23, 2025
|predecessor = M. Casey Rodgers
|successor = Allen Winsor
|office1 = Judge of the United States District Court for the Northern District of Florida
|term_start1 = December 7, 2012
|term_end1 =
|appointer1 = Barack Obama
|predecessor1 = Stephan P. Mickle
|successor1 =
|birth_name = Mark Eaton Walker
|birth_date = {{birth year and age|1967}}
|birth_place = Winter Garden, Florida, U.S.
|death_date =
|death_place =
|education = University of Florida (BA, JD)
}}
Mark Eaton Walker (born 1967) is a United States district judge of the United States District Court for the Northern District of Florida.
Biography
Born in Winter Garden, Florida, he received his Bachelor of Arts degree from the University of Florida in 1989, graduating first in his class.{{Cite web|date=17 February 2012|title=Senate Judiciary Committee Questionnaire, The Hon. Mark E. Walker|url=https://www.judiciary.senate.gov/imo/media/doc/MarkWalker-PublicQuestionnaire.pdf|access-date=23 July 2020|website=United States Senate Committee on the Judiciary}} He received his Juris Doctor from the Fredric G. Levin College of Law at the University of Florida in 1992, magna cum laude. From 1983 to 1993, during high school and during breaks in the academic year in college, Walker worked at a Winn-Dixie, the same store where his father worked.{{Cite news|last=Burlew|first=Jeff|date=13 December 2009|title=Judge presiding over Hoffman murder trial known for fairness|work=Tallahassee Democrat}} Walker identified his experience working at Winn-Dixie as "the job that, more than any other, helped prepare him to be a lawyer and interact with people." After graduating from law school second in his class, he clerked for Judge Emmett Ripley Cox of the United States Court of Appeals for the Eleventh Circuit from 1993 to 1994. He clerked for Justice Stephen H. Grimes of the Florida Supreme Court from 1994 to 1996. He clerked for Judge Robert Hinkle of the United States District Court for the Northern District of Florida from 1996 to 1997. In July 1997 he spent a short period in private practice, but soon left to work as an assistant public defender for Florida's second judicial circuit. He served as an assistant public defender from 1997 to 1999. He worked in private practice from 1999 to 2009 specializing in civil litigation and criminal defense. From 2009 to 2012, he served as a state circuit judge in Tallahassee.{{cite web|url=https://obamawhitehouse.archives.gov/the-press-office/2012/02/16/president-obama-nominates-three-serve-us-district-court|work=whitehouse.gov|title=President Obama Nominates Three to Serve on the US District Court|via=National Archives|date=16 February 2012}}{{FJC Bio|nid=1394066}}
=Federal judicial service=
On February 16, 2012, President Barack Obama nominated Walker to serve as United States district judge for the United States District Court for the Northern District of Florida. He replaced Judge Stephan P. Mickle, who assumed senior status in 2011. His nomination was reported out of committee on June 7, 2012 by a voice vote, with one senator voting "nay".{{Cite web|url=https://www.judiciary.senate.gov/imo/media/doc/ExecutiveBusinessMeetingResults-06-07-2012.pdf|title=Results of Executive Business Meeting - June 7, 2012|access-date=2012-12-06}} The United States Senate confirmed Walker on December 6, 2012 by a 94–0 vote.{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_votes/vote1122/vote_112_2_00224.htm|title=On the Nomination (Confirmation Mark E. Walker, of Florida, to be United States District Judge for the Northern District of Florida)|access-date=2022-11-01}} He received his commission on December 7, 2012. He became chief judge in June 2018.
Notable rulings
= ''Hand v. Scott'' =
In January 2018, Walker ruled against Florida and ordered Florida governor Rick Scott to restore the voting rights of felons after their release from prison.{{cite web|url=https://www.tampabay.com/florida-politics/buzz/2018/02/01/federal-judge-strikes-down-floridas-system-for-restoring-felon-voting-rights/|title=Judge strikes down Florida's system for denying felons' voting rights|first=Steve|last=Bousquet}}
= ''League of Women Voters v. Detzner'' =
In July 2018, Walker invalidated as unconstitutional Florida's total prohibition on early voting sites on college and university campuses.{{cite news|url=https://www.washingtonpost.com/news/grade-point/wp/2018/07/25/stark-pattern-of-discrimination-judge-makes-it-easier-for-college-students-to-vote/|title='Stark pattern of discrimination': Judge makes it easier for college students to vote|first=Susan|last=Svrluga|newspaper=The Washington Post }} Walker determined the prohibition violated the First, Fourteenth, and Twenty-Sixth Amendments and the law revealed a "stark pattern of discrimination" against younger voters. Consequently, in the 2018 midterms, nearly 60,000 people voted at the on-campus early voting locations.{{cite web|url=https://thinkprogress.org/it-can-be-hard-for-college-students-to-get-to-the-polls-floridas-new-law-is-making-it-even-harder-aa140bb798f9/|title='It can be hard for college students to get to the polls. Florida's new law is making it even harder.
|first=Danielle|last=Maclean|website=ThinkProgress
|date=20 July 2019
}}
= ''Keohane v. Jones, et al.'' =
Walker ordered the Florida Department of Corrections to continue providing a transgender woman prisoner with hormone treatment and ordered them to provide her with women's undergarments and grooming products.{{cite web|url=https://www.tampabay.com/florida-politics/buzz/2018/08/23/this-ends-now-florida-prison-system-ordered-to-accommodate-transgender-inmate/|title='This ends now': Florida prison system ordered to accommodate transgender inmate}} The prisoner was diagnosed with gender dysphoria but has been housed in a male-only correctional facility. Walker's ruling was ultimately reversed by the Eleventh Circuit Court of Appeals.{{Cite web |date=March 11, 2020 |title=Appeal from the United States District Court for the Northern District of Florida |url=https://media.ca11.uscourts.gov/opinions/pub/files/201814096.pdf }}
= ''Madera-Rivera v. Detzner'' =
In September 2018, Walker decided another significant voting rights case, in which he granted a preliminary injunction against the Florida secretary of state, directing him to ensure that Spanish speaking voters have access to ballots in the Spanish language for the November 2018 elections.{{cite web|url=https://www.npr.org/2018/09/07/645753328/judge-orders-florida-officials-to-provide-sample-ballots-in-spanish|title=Judge Orders Florida Officials To Provide Sample Ballots In Spanish|first=Vanessa|last=Romo|website=NPR |date=7 September 2018 }} This decision, made on the basis of Section 4(e) of the Voting Rights Act, was especially critical, as Florida was grappling with a recent influx of Puerto Ricans fleeing the aftermath of 2017's Hurricane Maria.
= ''League of Women Voters v. Scott'' =
After the 2018 midterms, Walker ruled in favor of then-governor Rick Scott who oversaw the state's ongoing recount in which he was a candidate for U.S. Senate. “Though sometimes careening perilously close to a due process violation, Scott’s most questionable conduct has occurred in his capacity as a candidate rather than as governor," Walker wrote. Though Scott's actions were “reckless and haphazard“ and “Scott has toed the line between imprudent campaign-trail rhetoric and problematic state action. But he has not crossed that line."{{cite web|url=https://www.buzzfeednews.com/article/dominicholden/florida-rick-scott-oversee-election-judge|title=A Judge Says Florida Republican Gov. Rick Scott Can Keep Overseeing Florida's Election|first=Dominic|last=Holden|website=BuzzFeed News |date=16 November 2018 }}
= Anti-riot law =
On September 9, 2021, Walker blocked Florida's anti-riot law as a violation of the First Amendment.{{Cite web|url=https://www.abcactionnews.com/news/state/floridas-gop-backed-anti-riot-law-blocked-by-judge |title=Florida's GOP-backed 'anti-riot' law blocked by judge|website=ABC News|date=September 9, 2021|access-date=October 27, 2021}}
= University of Florida professors =
In another free speech case, on January 4, 2022, Walker refused to dismiss a lawsuit filed by professors at the University of Florida after the University tried to stop them from testifying in a voting rights lawsuit.{{Cite web|url=https://www.forbes.com/sites/michaeltnietzel/2022/01/04/federal-judge-denies-university-of-floridas-motion-to-dismiss-professors-first-amendment-lawsuit/?sh=3b8b7d8e1534|title=Federal Judge Denies University Of Florida's Motion To Dismiss Professors' First Amendment Lawsuit|website=Forbes|date=January 4, 2022|access-date=January 5, 2022}}
The ruling eventually blocked the law as incompatible with the First Amendment.{{cite web|first=Tim|last=Cushing|access-date=2022-11-22|title=Federal Court Blocks Florida's 'Stop WOKE' Act, Calls It 'Positively Dystopian' |url=https://www.techdirt.com/2022/11/21/federal-court-blocks-floridas-stop-woke-act-calls-it-positively-dystopian/|date=2022-11-21|website=Techdirt}}
= ''League of Women Voters v. Laurel M. Lee'' =
On March 30, 2022, Walker ruled that Florida Senate Bill 90 violated the Voting Rights Act, issued a permanent injunction against the law’s restrictions on absentee ballot drop boxes, and required Florida to obtain preclearance from federal courts before enacting election laws.{{Cite web |last=Ax |first=Joseph |title=Florida judge blocks new GOP-backed voting law |url=https://gazette.com/florida-judge-blocks-new-gop-backed-voting-law/article_551a8afa-b12a-11ec-8bdd-4f28e5e558a3.html |access-date=2022-03-31 |website=Colorado Springs Gazette |date=31 March 2022 |language=en}}{{Cite web |title=Federal Judge Rules Florida's New Voting Restrictions Are Unconstitutional |url=https://www.newsweek.com/florida-voting-restrictions-federal-ruling-1693885 |access-date=2022-03-31 |website=MSN |date=31 March 2022 |language=en-US}}{{Cite web |last1=Daniels |first1=Eugene |last2=Okun |first2=Eli |title=POLITICO Playbook PM: Advocates applaud Biden's transgender policy moves |url=https://politi.co/3JZUvvZ |access-date=2022-03-31 |website=POLITICO |date=31 March 2022 |language=en}}
In an outline of the legislative history of the bill, Walker wrote, "And the exact justification for SB 90 as a whole, and for its constituent parts, is difficult to pin down, with sponsors and supporters offering conflicting or nonsensical rationales."{{Cite web |last=Walker |first=Mark E. |date=March 31, 2022 |title=TALLAHASSEE DIVISION LEAGUE OF WOMEN VOTERS OF FLORIDA, INC., et al., Plaintiffs, v. LAUREL M. LEE, in her official capacity as Florida Secretary of State, et al. |url=https://www.democracydocket.com/wp-content/uploads/2021/05/2022-03-31-Final-Order-Following-dckt-665_0.pdf |access-date=March 31, 2022 |website=Democracy Docket}}
On May 5, 2022, the 11th Circuit Court of Appeals lifted Walker's order, pending appeal: "The lower court’s ruling relying on an analysis of racism in Florida’s history is 'problematic,' and 'failed to properly account for what might be called the presumption of legislative good faith,' according to the order issued Friday by the U.S. Court of Appeals for the Eleventh Circuit.
Additionally, the state has 'a substantial argument' that another provision in the law governing 'line warming' activities outside polling places 'passes constitutional muster,' though the lower court found it to be 'unconstitutionally vague and overbroad,' according to the order.
The court also noted the next statewide election is in August, while local elections are ongoing—too close for interfering with state laws administering elections, the judges wrote." The appeals court did not reach the merits, which will be decided in the main appeal.{{cite web | url=https://news.bloomberglaw.com/us-law-week/eleventh-circuit-sides-with-desantis-on-election-law-court-order | title=Eleventh Circuit Sides with DeSantis on Election-Law Court Order }}
= ''Florida State Conference of Branches and Youth Units of the NAACP, et al v. Cord Byrd, et al.'' =
On July 3, 2023, Judge Walker granted a preliminary injunction against SB 7020, a Florida law that barred non-citizens from handling or collecting voter registration forms, and third-party voter registration groups from retaining personal information collected when registering new voters.{{Cite news |date=July 3, 2023 |title=US judge blocks portions of new Florida elections law |language=en |work=AP News |url=https://apnews.com/article/elections-immigration-florida-government-41b49bbb0406d188488ff622481808bb |access-date=July 4, 2023}}
=Florida Amendment 4 intimidation (2024)=
In October 2024, the Florida Department of Health threatened to bring criminal charges against local TV stations for airing an advertisement in support of Amendment 4—a proposed constitutional amendment to prohibit the Florida legislature from restricting abortion before fetal viability—which it claimed to contain false information regarding current state law. The health department sent out cease-and-desist letters and contracted for $1.4 million with two law firms to pursue litigation against the stations, claiming that the ads constitute a "sanitary nuisance" because it ""threatens or impairs"" the health of Florida residents. In response, a lawsuit was filed by Floridians Protecting Freedom, the group that organized the amendment's ballot initiative.{{cite web|url=https://www.cnn.com/2024/10/08/media/florida-tv-abortion-rights-ad-fcc-desantis/index.html|title=Florida is threatening to prosecute TV stations over an abortion rights ad.}}{{cite web|url=https://apnews.com/article/florida-abortion-commercial-desantis-lawsuit-979cd3059d79c92a2b8038585fa922e0|title=Abortion rights group sues after Florida orders TV stations to stop airing ad}}
Judge Walker issued a temporary restraining order against the Florida Department of Health. In his written opinion, he heavily condemned the health department's decision, commenting "it's the First Amendment, stupid".{{cite web|url=https://floridaphoenix.com/2024/10/17/federal-judge-rebukes-attorney-defending-desantis-admins-threats-to-broadcasters/|title=U.S. judge blocks DeSantis admin’s threats to broadcasters over Amendment 4 ads
}}
= ''Computer & Communications Industry Association et al v. Uthmeier'' =
On June 3, 2025, He would grant a Preliminary Injunction to Florida HB 3 claiming that the law violated the First Amendment and failed Intermediate Scrutiny.[https://apnews.com/article/florida-social-media-ban-minors-lawsuit-678e71c6c6183b87435b7f51feb71fbe Federal judge blocks Florida from enforcing social media ban for kids while lawsuit continues] | AP News
References
{{Reflist}}
External links
- {{FJC Bio|nid=1394066}}
- {{Ballotpedia|Mark_E._Walker|Mark E. Walker}}
- [https://www.congress.gov/112/chrg/CHRG-112shrg76131/CHRG-112shrg76131.pdf Senate Judiciary Committee Questionnaire (Page 740)] {{PD notice}}
{{s-start}}
{{s-legal}}
{{s-bef|before=Stephan P. Mickle}}
{{s-ttl|title=Judge of the United States District Court for the Northern District of Florida|years=2012–present}}
{{s-inc}}
|-
{{s-bef|before=M. Casey Rodgers}}
{{s-ttl|title={{nowrap|Chief Judge of the United States District Court for the Northern District of Florida}}|years=2018–2025}}
{{s-aft|after=Allen Winsor}}
{{s-end}}
{{United States 11th Circuit district judges}}
{{Authority control}}
{{DEFAULTSORT:Walker, Mark Eaton}}
Category:Fredric G. Levin College of Law alumni
Category:Judges of the United States District Court for the Northern District of Florida
Category:People from Winter Garden, Florida
Category:United States district court judges appointed by Barack Obama