Judge Shira A. Scheindlin is seeking relief in the Second Circuit. The prevailing parties in the district court apparently support her and have submitted or will soon submit papers formally announcing their support. On the other side, the City, swinging for the fences, cheers for the panel’s decision to throw Judge S. off the cases, and, if I read the motion correctly, ups the ante by seeking to vacate the trial judge’s merits and remedial decisions for a lack of impartiality.
I have the following questions. I would appreciate hearing answers from readers including most especially the reasoning behind such answers.
1. Do you agree with Judge S.’s decision to seek relief from the order throwing her off the cases?
2. What should the panel (Judges Jose Cabranes, Barrington Parker and John Walker) do with the various filings by the trial judge and the parties?
3. What should the Second Circuit, writ large, do with the various filings by the trial judge and the parties?
In a day or two, I may provide my answers.