How Shira Scheindlin must wish she’d been simply overruled.
Because in staying her decision on stop-and-frisk, and now shooting down her claim to a constitutional right to preside over this case, the US Court of Appeals for the Second Circuit has done more than correct her legal argument. In essence, the three-judge panel is saying this: We’re taking this case away from Judge Scheindlin because it’s reasonable for people to question her fairness.
That’s humiliating for Scheindlin. But it’s also embarrassing for all those complicit in her stop-and-frisk circus: the newspaper that egged her on, the civil-rights groups that took her advice to go judge-shopping and the progressive establishment that looked the other way because they wanted the ruling everyone knew Judge Scheindlin would deliver before the first witness was sworn in: a finding that the New York Police Department was guilty of racial profiling.