ST. LOUIS (KMOX) - In an effort to halt the state from taking over the Saint Louis Metropolitan Police Department, the City is suing Missouri in Federal Court.
The lawsuit says a clause in the new state law that forbids city officials from “interfering” in any way with the board violates their First Amendment rights to speak out against it.
Co-plaintiff Aldermanic Board President Megan Green believes the new law is unconstitutional. So will this suit stop the takeover from happening while it's going through the judicial system?
KMOX legal analyst Brad Young says the question is going to be is there a federal question that gives the federal court jurisdiction.
"And that will be the very first issue raised by the state if the federal court may not have jurisdiction in this case. That would be THE threshold issue before any of the merits are actually discussed."
Young says if the federal court determines it does not have jurisdiction to hear this matter then it would be remanded to state court to decide.
So why file in federal court?
"What the city's attempting to do is to get to a different type of judge. In federal court the judges are obviously different than judges appointed by state court. In federal court you have judges appointed by presidents."
On the state level, the judges are gubernatorial appointments generally.