Judge Shira Scheindlin ruled that New York police violated the Constitution with their stop-and-frisk tactics.

That decision was much talked about in the race for Mayor of New York City.  But the case drew even more attention when Judge Scheindlin was recently removed from the case (see this Blog’s post dated November 4, 2013:  “Do Judges Have First Amendment Rights?”).

Yesterday, the New York Times published an editorial:

“The United States Court of Appeals for the Second Circuit erred badly last week when it stayed the remedies ordered by Judge Shira Scheindlin of Federal District Court to correct the civil rights violations associated with New York City’s stop-and-frisk policy, including an independent monitor to review police practices. It also unjustly damaged Judge Scheindlin’s reputation when it removed her from the case.”

For the full editorial see:  http://www.nytimes.com/2013/11/08/opinion/judge-scheindlins-case.html?hp&rref=opinion

In an unusual response, Judge Shira Scheindlin is herself challenging the decision to remove her from the New York stop-and-frisk case – with some help.

In a brief (PDF) filed this past Wednesday on behalf of Judge  Scheindlin, New York University law professor Burt Neuborne claims the judge was “completely blindsided” by the panel’s decision.

No party had raised the issue of bias or impropriety at the trial court, in a motion, or in the briefs on appeal.

The issue was raised by the panel of the Second Circuit during Oral argument.  The panel said in an October 31st order that Judge Scheindlin “ran afoul” of the judicial conduct code through her handling of the case.