DC Circuit Rejects 98-Year-Old Judge Newman's Suspension Appeal

The U.S. Court of Appeals for the D.C. Circuit has affirmed the dismissal of 98-year-old Judge Pauline Newman's lawsuit challenging her suspension from hearing cases at the U.S. Court of Appeals for the Federal Circuit due to her refusal to cooperate with a mental fitness investigation. The court ruled that under existing precedent, Newman must pursue her claims through the Judicial Conference of the United States, the body empowered to review such judicial suspensions, rather than through the federal courts. While the panel rejected most of Newman's constitutional arguments, it acknowledged the serious questions her case raises about judicial independence, due process, and separation of powers. Newman has maintained her fitness to serve and argued that her suspension amounts to an unconstitutional impeachment process, but the courts have consistently upheld the judiciary's authority to police itself. The D.C. Circuit opinion urged the Judicial Conference and Judicial Council to genuinely engage with Newman's constitutional claims, although it did not rule on their merits. Newman, a Reagan appointee and a prominent figure in patent law, has been suspended since 2023 following concerns expressed by Chief Federal Circuit Judge Kimberly Moore about her cognitive and physical condition.