In a defeat for judicial activism and Judge Shira Scheindlin ‘s repulsive showboating power grab, the Second Appeals Court gave her and her illegal ban on Stop and Frisk the boot.
The former is more unusual than the latter.
The three-judge Second U.S. Circuit Court of Appeals panel said U.S. District Judge Shira Scheindlin gave an appearance of bias by maneuvering to get the case and giving news interviews. It put her finding that the NYPD unconstitutionally targeted minorities for street stops on hold until a city appeal is heard in March.
New York police have for years stopped, questioned and searched for weapons if they have reasonable cause to believe someone may be connected to a crime. Cheered on by a liberal media campaign, Judge Scheindlin declared it illegal. She also appointed a panel of liberal worthies to micromanage New York’s finest, an affront both to the police force and self-government.
Specifically, the court said Judge Scheindlin had “compromised” the appearance of partiality by improperly inviting a stop-and-frisk suit. In a December 21, 2007 hearing on an earlier case, Judge Scheindlin stated: “[I]f you got proof of inappropriate racial profiling in a good constitutional case, why don’t you bring a lawsuit? You can certainly mark it as related.”
She also stated that, “[W]hat I am trying to say, I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit.” And she concluded by noting, “And as I said before, I would accept it as a related case, which the plaintiff has the power to designate.”
That point about a “related” case is crucial because it allowed Judge Scheindlin to grab the stop-and-frisk case for herself, rather than follow the district court’s established practice of assigning cases randomly to judges.
Scheindlin is a Clinton judge, but so are two out of the three judges on the panel. And even they were disgusted by her abuse of power.
The Second Circuit panel includes Bill Clinton appointees Jose Cabranes and Barrington Parker, as well as John Walker, a George H.W. Bush appointee. Judge Cabranes is one of the most widely respected on the appellate bench.
None of this really matters in the long run if Bill de Blasio wins.
Bill de Blasio has already sworn to reward criminals and terrorists by crushing the NYPD and he had a predictable reaction to the verdict.
Republican mayoral candidate Joe Lhota and the Bloomberg administration, which asked for the stay and has long criticized Scheindlin, saying she endangered public safety with an anti-police mindset.
Mayoral front-runner Public Advocate Bill de Blasio, who promises to reform stop and frisk and told the appeals judges the monitor was “in the public interest,” said he was “extremely disappointed” by the ruling.
“We shouldn’t have to wait for reforms that both keep our communities safe and obey the Constitution,” de Blasio said. “Any delay only means a continued and unnecessary rift between our police and the people they protect.”
The only rift comes from Bill de Blasio and his gang of pro-criminal leftists.