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Wise writes: "The removal order was a crushing blow to Scheindlin's professional standing and sent a chilling message to other judges: tread carefully when handling cases that challenge government action."

Nearly 90% of the 4.4 million people police stopped in New York City for questioning between 2004 and 2012 had done nothing wrong. (photo: New American Media)
Nearly 90% of the 4.4 million people police stopped in New York City for questioning between 2004 and 2012 had done nothing wrong. (photo: New American Media)


Removing the Judge Who Ruled 'Stop and Frisk' Unconstitutional Is a Blow to Justice

By Dan Wise, The Nation

12 January 14

 

An appeals court's unprecedented removal of Shira Scheindlin has sent a chilling message to other federal judges.

hree days before he was sworn in as New York City’s 109th mayor, Bill de Blasio announced he would drop the city’s appeal of Judge Shira Scheindlin’s ruling finding the NYPD’s aggressive stop-and-frisk tactics unconstitutional.

That was good news for New Yorkers. Nearly 90 percent of the 4.4 million people the police stopped for questioning between 2004 and 2012 had done nothing wrong, according to evidence presented at a nonjury trial Scheindlin conducted last spring.

But the announcement leaves in limbo a devastating ruling by a federal appeals court panel, which removed Scheindlin as the judge presiding over challenges to the NYPD’s stop-and-frisk policing since 1999. The removal order was a crushing blow to Scheindlin’s professional standing and sent a chilling message to other judges: tread carefully when handling cases that challenge government action.

READ MORE: Removing the Judge Who Ruled 'Stop and Frisk' Unconstitutional Is a Blow to Justice


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-29 # Walter J Smith 2014-01-12 09:36
Wow!

Who but Barack Obama would want that?
 
 
+12 # Interested Observer 2014-01-12 12:12
The line forms at the right.
 
 
+22 # jwb110 2014-01-12 13:23
Fascism in the courts. The GOP has been packing the courts since Reagan. This is the result.
I would suggest that Schiendlin run for public office. She certainly would garner the votes of those people who had been subject to illegal search and seizure. Skin the cat, Ms Shiendlin. Skin the cat.
 
 
+23 # Archie1954 2014-01-12 13:28
The US judicial system is corrupted to the core. These federal judges who removed the one honest judge on their bench are politicized beyond the ability to dispense justice.
 
 
+13 # tomo 2014-01-12 14:54
Ever since Antonin Scalia successfully managed to corrupt the Supreme Court in 2000, I have felt the Supreme Court might more properly be called the Supreme Sport. It's all a matter of tug-a-war. Citizens United is a predictable outcome of the harm done. Further, the willingness of the Court to put the Bill of Rights on hold until the "war on terror" has been won, means we are no longer under the rule of law. There has indeed been trickle-down; and all federal judges have been put on notice that they must go along to get along. We were accustomed in days gone by to ridicule the courts of countries to our south. Now the laugh is on us. As democracy shows a dawning in many a Latin American country, it enters a twilight in what we used to call "the land of the free and the home of the brave." And, as Walter Smith's much rejected comment above suggests, Obama's spineless surrender to the spirit of the times has played its own sorry part in all of this.
 
 
+3 # Third_stone 2014-01-12 20:29
Who is responsible for this? I don't see it written here who actually gave the order. I want to know who they are and what their address is.
 
 
+2 # RICHARDKANEpa 2014-01-13 02:11
Thank you Dan Wise and the Nation Magazine. This country needs more people like you.
 
 
0 # felicis2 2014-01-13 14:39
@Third_stone
"n a sign of undue haste at a court known for its attention to detail, the>unsigned ruling< contained a glaring error, which the three judges were forced to correct two weeks later. Further, the panel removed Scheindlin even though the city never sought her removal in the case"
 

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