Pauline Newman, the oldest active federal judge in the United States at 97, has reiterated her stance to the DC Circuit, asserting that her suspension from adjudicating cases at the Federal Circuit was unconstitutional. She contends that this action amounted to her removal without the constitutionally required impeachment proceedings. These arguments were articulated in a recent filing, in which she highlighted her colleagues’ admissions that her suspension might not be lifted, effectively sidelining her as a federal judge.
The ongoing legal battle focuses on Judge Newman’s challenge to the validity of her suspension. Earlier, Newman appealed her suspension by arguing that the decision was an unconstitutional removal from her responsibilities at the US Court of Appeals for the Federal Circuit. Her latest filing further disputes the statements made by her court’s Judicial Council, which maintained that the suspension is temporary and that its conditions could be met by Newman agreeing to a neurological examination and sharing her medical records.
Newman has pointedly criticized the investigation of her by her colleagues, questioning why it was not referred to another circuit court. Her request for such a transfer had been denied, which she argues is a deviation from usual practices, as the Judicial Council failed to identify a precedent of a misconduct investigation being conducted within the same circuit.
Moreover, Newman has contended that her suspension was more likely due to her frequent dissents rather than any supposed decline in her cognitive capabilities. The Federal Circuit judge, represented by the New Civil Liberties Alliance, filed a lawsuit in the US District Court for the District of Columbia earlier, which was dismissed last July, prompting her appeal to the US Court of Appeals for the DC Circuit.
In the administrative process, the debate has intensified around Judge Newman’s physical and mental health assessments. She argues that the soundness of the examinations she submitted, which purported to affirm her mental fitness, were unfairly challenged by an investigative committee. The US Department of Justice represents the Judicial Council in this matter.
The case, entitled Newman v. Moore, continues in the DC Circuit as the appeal progresses. Newman’s plea comes amidst her persistent efforts to reconsider her suspension, which was renewed last September.
For more details on the progression of this legal battle, the original article can be found here.