The US Court of Appeals for the Federal Circuit suspended Circuit Judge Pauline Newman from her duties for one year due to her refusal to undergo medical evaluations. This refusal was seen as an issue, as there have been concerns over her ability to perform adequately as a judge.
Earlier this year, Chief Judge Kimberly A. Moore ruled that Newman’s habitual delays and potential diminished capacity from aging were prejudicial to justice’s efficient administration. Case delays reached from 300 to 600 days each under Newman’s supervision, notably resolving sooner once they were reassigned.
In April, Moore and two other judges ordered Newman to participate in medical tests. These tests came at the recommendation of an expert who believed they would shed light on whether a medical condition impacted Newman’s judicial performance. Newman, however, inequivocally declined these requests.
Newman’s team alleges that the suspension from Moore is in violation of Article 3 Section 1 of the US Constitution, as well as the Fifth Amendment. Newman argues that her right to due process was infringed upon when she was dismissed prior to a formal health investigation.
At the beginning of September, a forensic psychiatrist cleared Newman of any mental health concerns, followed by a release of a video interview supporting Newman’s mental fitness. The Federal Circuit, however, maintained their position, citing Newman’s refusal to comply with court orders to undergo a medical review and provide her medical history records as “serious misconduct.”
In recent years, there have been mounting calls for imposing term limits on judges and members of Congress, in part due to concerns regarding their advanced age and its potential impact on job performance. Such instances are illustrated by the recent health concerns involving Kentucky’s Senator Mitch McConnell and California’s Senator Dianne Feinstein, raising questions about their fitness to serve.