Federal judge, 98, suspended by colleagues over mental fitness concerns appeals to Supreme Court

Pauline Newman, a 98-year-old federal judge, has appealed to the Supreme Court after she was suspended by her colleagues on the U.S. Court of Appeals for the Federal Circuit over concerns about her mental fitness.

Newman's appeal was filed Thursday with the Supreme Court, but it has not yet been docketed, The Hill news outlet reported.

Starting three years ago, Newman’s fellow judges prevented her from taking on new cases indefinitely. Her lawsuit argues that the suspension is unconstitutional.

Newman rejects the concerns over her fitness to serve, and she is seeking a reversal from the high court on a ruling that barred judicial review of her suspension. 

“Other judges who are watching what is happening to Judge Newman can only wonder if a similar fate will befall them if they fail to stay on the good side of their chief judge,” Newman's petition reads.

Newman is a Reagan appointee and became a judge on the newly created Federal Circuit in 1984. The circuit hears appeals on specialty topics, such as intellectual property and government contracts. Newman became known as the “Great Dissenter” for her opinions on patent law.

According to the Constitution, federal judges serve in their position and receive a salary for life, unless they’re impeached by the House and convicted by the Senate. While Newman’s fellow judges have not removed her, they have prevented her from hearing new cases since early 2023.

“This Court cannot allow the internal politics of a court to sideline a Senate-confirmed judge and threaten the independence of other judges who may fear similar reprisals from their colleagues,” Newman’s attorneys wrote to the high court. “All of this needs to be nipped in the bud before any further damage is done to the Constitution’s protections of judicial independence."

Federal Circuit Chief Judge Kimberly Moore, an appointee of former President George W. Bush, began misconduct procedures in spring 2023 under the Judicial Conduct and Disability Act after unsuccessfully trying to convince Newman to retire.

Unnamed employees in investigatory interviews described Newman’s demeanor as “paranoid,” “agitated,” and “bizarre,” according to court documents. They allege Newman needs assistance with basic tasks, claims the court has bugged her phones and seems to have difficulty retaining information.

Newman’s colleagues suspended her from hearing new cases as she purportedly refused to undergo medical examinations, and have continued to extend the suspension, last doing so in August.

Newman points to three mental tests by three different doctors regarding her fitness to serve.

She filed the lawsuit against her fellow judges shortly after being suspended. Newman argues her suspension is unconstitutional and her due process rights were violated because her colleagues should have transferred the matter to another court.

The U.S. Court of Appeals for the D.C. Circuit last summer found its binding precedent barred review of her claims. The appeals court's opinion stressed that it doesn’t mean her arguments are meritless.