U.S. Circuit Judge Pauline Newman, aged 98, is contesting the Federal Circuit’s recent decision to extend her suspension, arguing that her colleagues aim to permanently remove her from the bench. Her attorney, Greg Dolin, conveyed this position to the D.C. Circuit on Monday.
The Federal Circuit’s Judicial Council initially suspended Judge Newman in September 2023, citing concerns about her cognitive and physical fitness, as well as her refusal to comply with court-ordered medical examinations. Despite submitting reports from her own physicians attesting to her mental acuity, the council found these insufficient and extended her suspension for another year in July 2025. The council expressed doubts about the credibility of these reports, noting inconsistencies and concerns such as memory issues and fainting spells. ([reuters.com](https://www.reuters.com/legal/legalindustry/us-appeals-court-extends-suspension-98-year-old-judge-fitness-probe-2025-07-28/?utm_source=openai))
Judge Newman, appointed by President Ronald Reagan in 1984, has been a prominent figure in patent law. She has consistently maintained her fitness to serve and has challenged the suspension, asserting that it effectively removes her from office without the constitutionally required impeachment process. Her legal challenge was dismissed in July 2024, but she has appealed to the U.S. Court of Appeals for the D.C. Circuit. ([reuters.com](https://www.reuters.com/legal/us-judge-97-loses-lawsuit-seeking-reinstatement-2024-07-09/?utm_source=openai))
In her appeal, Judge Newman argues that the suspension is unconstitutional and that the investigation into her fitness should have been conducted by a separate circuit court to avoid conflicts of interest. She contends that her colleagues’ actions are a response to her frequent dissents rather than any legitimate concerns about her abilities. ([news.bloomberglaw.com](https://news.bloomberglaw.com/ip-law/newman-urges-appeals-court-to-end-her-federal-circuit-suspension?utm_source=openai))
The D.C. Circuit has yet to rule on Judge Newman’s appeal, leaving the legal community attentive to the implications this case may have on judicial accountability and the processes for addressing concerns about a judge’s capacity to serve.