Neil V. Wake
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Neil Vincent Wake (born July 2, 1948) is a senior United States district judge of the
United States District Court for the District of Arizona The United States District Court for the District of Arizona (in case citations, D. Ariz.) is the U.S. district court that covers the state of Arizona. It is under the United States Court of Appeals for the Ninth Circuit. The District was est ...
.


Education and career

Born in
Phoenix Phoenix most often refers to: * Phoenix (mythology), a legendary bird from ancient Greek folklore * Phoenix, Arizona, a city in the United States Phoenix may also refer to: Mythology Greek mythological figures * Phoenix (son of Amyntor), a ...
,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, Wake received a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...
from Arizona State University in 1971 and a Juris Doctor from Harvard Law School in 1974. He was in private practice in
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
from 1974 to 2004.


Federal judicial service

On October 22, 2003, Wake was nominated by President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
to a seat on the
United States District Court for the District of Arizona The United States District Court for the District of Arizona (in case citations, D. Ariz.) is the U.S. district court that covers the state of Arizona. It is under the United States Court of Appeals for the Ninth Circuit. The District was est ...
vacated by Paul Gerhardt Rosenblatt. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on March 12, 2004, and received his commission three days later. Wake has presided over a number of notable cases: *In 2008, Wake upheld an Arizona law, the "Legal Arizona Workers Act," barring businesses from knowingly hiring illegal immigrants and providing for the revocation of business licenses for businesses who twice violated the law. The ruling rejected the arguments of business groups which had raised a
constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these prin ...
challenge to the law, arguing that it infringed on the federal government's powers to regulate immigration matters. This ruling was affirmed by the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in 2011, in the case of ''
Chamber of Commerce v. Whiting ''Chamber of Commerce v. Whiting'', 563 U.S. 582 (2011), is a decision by the Supreme Court of the United States that upheld an Arizona state law suspending or revoking business licenses of businesses that hire illegal aliens. The case dealt wit ...
''.Robert Barnes
Supreme Court upholds Ariz. law punishing companies that hire illegal immigrants
''Washington Post'' (May 26, 2011).
*Also in 2008, Wake issued an order ordering
Maricopa County, Arizona Maricopa County is in the south-central part of the U.S. state of Arizona. As of the 2020 United States census, 2020 census, the population was 4,420,568, making it the state's most populous county, and List of the most populous counties in the ...
sheriff
Joe Arpaio Joseph Michael Arpaio (; born June 14, 1932) is an American former law enforcement officer and politician. He served as the 36th Sheriff of Maricopa County, Arizona for 24 years, from 1993 to 2017, losing reelection to Democrat Paul Penzone i ...
to remediate unconstitutional conditions in the county jail system that he oversaw, one of the nation's largest. Wake ordered that inmates in initial processing receive a bed or mattress and adequate food, rather than the moldy and rotten food that inmates had previously been served. Wake also ruled that the jails' treatment of mentally ill inmates caused "needless suffering and deterioration" and ordered the sheriff to ensure that such inmates receive prescribed medication. *Wake oversaw the criminal case of a man who had defaced a thousand-year old, Native American petroglyph (the Descending Sheep Panel) at
Glen Canyon National Recreation Area Glen Canyon National Recreation Area (shortened to Glen Canyon NRA or GCNRA) is a national recreation area and conservation unit of the United States National Park Service that encompasses the area around Lake Powell and lower Cataract Canyon ...
by carving his name into it. The man pleaded guilty in 2010 to damaging an archeological resource (a felony), and in 2011 Wake sentenced the man to pay $10,000 in restitution and complete 100 hours of community service. *In 2013, Wake stayed the implementation of, and later overturned, an Arizona law that had attempted to bar Planned Parenthood and other health care clinics that perform abortions from receiving state funding for family planning and other health services offered by the organization and other groups. Wake ruled that the Arizona act, which had been signed into law by Governor
Jan Brewer Janice Kay Brewer (''née'' Drinkwine, formerly Warren; born September 26, 1944) is an American politician and author who was the 22nd governor of Arizona from 2009 to 2015. A member of the Republican Party, Brewer is the fourth woman (and was t ...
in 2012, "violates the freedom of choice provision of the Medicaid Act precisely because every
Medicaid Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and per ...
beneficiary has the right to select any qualified health care provider." *Wake oversaw a civil proceeding instituted by the
Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
against the
Cheesecake Factory The Cheesecake Factory Incorporated is an American restaurant company and distributor of cheesecakes based in the United States. The company operates 219 full-service restaurants: 206 under The Cheesecake Factory brand and 13 under the Grand Lux C ...
. The EEOC had alleged that the restaurant chain had "allowing male kitchen staffers to sexually harass other male workers" in its
Chandler, Arizona Chandler is a city in Maricopa County, Arizona, United States, and a suburb in the Phoenix-Mesa-Chandler Metropolitan Statistical Area (MSA). It is bordered to the north and west by Tempe, to the north by Mesa, to the west by Phoenix, to the ...
restaurant. In 2009, Wake issued a consent decree approving of a settlement in which the Cheesecake Factory did not admit any wrongdoing, but agreed to pay $345,000, to improve sexual harassment training, and to appoint an attorney ombudsman.Cheesecake Factory settles sexual harassment suit
Reuters (November 10, 2009). He took senior status on July 5, 2016.


References


External links

* {{DEFAULTSORT:Wake, Neil Vincent 1948 births Living people Arizona State University alumni Harvard Law School alumni Judges of the United States District Court for the District of Arizona United States district court judges appointed by George W. Bush 21st-century American judges Lawyers from Phoenix, Arizona