New York City’s legal challenges to a federal judge’s ruling that the New York Police Department’s stop-and-frisk policy is racially biased and unconstitutional could be weeks or months off, reports the Wall Street Journal. The legal battle would entail first asking Judge Shira Scheindlin to issue a stay to her order. If she turns that request down the city would turn to the U.S. Court of Appeals for the Second Circuit.
The city can try to stop only what is known as an “appealable order,” an action ordered by the court at its monitor’s suggestion, says New Jersey Judge Alberto Rivas, a former monitor over the New Jersey State Police racial profiling case. New Jersey had agreed to a consent decree with the U.S. Department of Justice in 2000 after a two-year federal investigation into allegations that the state police were racially profiling individuals in its traffic stops.