The City Law Department is doubling down on last week's federal court ruling that delayed implementing stop and frisk reforms and removed Judge Shira Scheindlin from the case. Next week the City will ask the Second Circuit to strike down Judge Scheindlin's determination that the NYPD's use of stop and frisk is unconstitutional, according to a Law Department spokesperson.
Given that the City never brought up Judge Scheindlin's alleged bias—the three-judge panel issued their ruling last week sua sponte—and that the Second Circuit has already scheduled hearings related to the City's appeal and a new judge has been assigned, granting the request to wipe away Scheindlin's ruling seems unlikely.
A representative from the Center for Constitutional Rights, the organization representing the plaintiffs in one of the cases, declined to comment on the development.
“This is a desperate attempt to erase the judicial finding of extensive discrimination and unconstitutional conduct under Mayor Bloomberg,” New York Civil Liberties Union executive director Donna Lieberman said in an email.
Given the comments made by Mayor Bloomberg's aides and advisors, it seems clear that the outgoing administration sees the controversial repudiation of Judge Scheindlin as a victory, one they're eager to embrace and advance.
"That was obviously good news for us," deputy Mayor Howard Wolfson told MSNBC yesterday, referring to the stay and Scheindlin's removal. "We will not have a monitor that she had mandated between now and when we leave office."
Left unsaid is the amount of resources the Law Department is committing to an appeal that the mayor-elect has said he would drop immediately upon taking office.