Scheindlin Moves to Fight Removal but Her Motion Is Denied

Last Thursday, the United States Court of Appeals for the Second Circuit denied Judge Shira Scheindlin’s motion to vacate the order of the panel, which removed Judge Scheindlin from presiding on any further proceedings in Floyd v. City of New York, 12 Civ. 2274 (SAS).  

This Court of Appeals decision is the latest twist in the legal drama that ensued following the Floyd decision.

In its decision on Thursday, “the panel clarified that it had not ruled that Scheindlin violated the code of conduct, only that the ‘appearance of partiality required reassignment.”

As this issue gains widespread attention – drawing in the likes of lawyers, law professors, former Mayor Rudolph Giuliani, and police unions – it remains to be seen how the Second Circuit will proceed.  But one thing is certain:  the institutional reputation of this previously unusually well respected court has suffered.