Nicholson v. Scoppetta

JOHN M. WALKER, Jr., Chief Judge,

dissenting.

I dissent from the panel’s decision to certify because I think the injunction should be vacated and nothing the New York Court of Appeals could decide would alter this outcome. While this case highlights some difficult questions of social policy that the Administration for Children’s Services (“ACS”) must resolve, it does not, in my view, present difficult questions of constitutional law. I would lift the preliminary injunction because the evidence cannot support the district court’s findings underpinning the injunction: that ACS had a policy or…