A federal appeals court refused Friday to toss out court rulings finding that New York City carried out its stop-question-and-frisk policy in a discriminatory manner, ending what was likely the city’s last chance to nullify the decisions before the arrival of a new mayor who has criticized the tactic.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals ruled Friday that the city could make its arguments to toss out the rulings when its appeal of the decisions of U.S. District Judge Shira Scheindlin is heard next year.
Last month, the same appeals panel had suspended the effects of Scheindlin’s rulings and removed her from the case, saying she misled the system into giving her the case and made comments to the media during a trial that called her impartiality into question.
The city had argued that the panel’s decision to remove Scheindlin meant it should also nullify her rulings. But the judges rejected that without comment.
The ruling appears to spoil the city’s bid to get Scheindlin’s rulings tossed before mayor-elect Bill de Blasio takes office in January. He has repeatedly stated he would drop the appeal and had filed papers with the district court and the 2nd Circuit opposing the city’s effort to stay the effects of the rulings.
But for now, the city’s top lawyer, Michael Cardozo, said they were “moving ahead full speed with its appeal.”