hat sure was a blockbuster ruling Thursday from the Second Circuit Court of Appeals, staying a federal judge’s decision against New York City’s “stop and frisk” police practice and tossing the judge off the case. The ruling throws a curve into the last week of New York mayor’s race and complicates the liberal campaign to block police practices that have greatly reduced crime.
The shocker came as the Second Circuit hears New York City’s appeal of Judge Scheindlin’s ruling, in which she declared that stop and frisk violated the Constitution’s Fourth Amendment. 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.
The Second Circuit panel is a long way from judging the merits of the appeal. But the three judges noted in their ruling Thursday that “upon review of the record in these cases, we conclude that the District Judge ran afoul of the Code of Conduct for United States Judges, Canon 2 (‘A judge should avoid impropriety and the appearance of impropriety in all activities.’)”
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.”