On Thursday, July 11, 2024, 97-year-old U.S. Circuit Judge Pauline Newman vowed to continue fighting her suspension from the bench following the dismissal of her lawsuit.
Judge Newman has served on the U.S. Court of Appeals for the Federal Circuit since being appointed by President Ronald Reagan in 1984. At 97, she is the oldest active federal judge who has not taken senior status, a transition to part-time duties that comes with a reduced caseload.
Last year, the court’s chief judge, Kimberly Moore, stated in orders that Judge Newman had demonstrated signs of serious cognitive and physical impairment. Judge Moore accused Judge Newman of refusing to cooperate with inquiries into her mental health. In September 2023, the circuit’s judicial council suspended Judge Newman for at least one year or until she undergoes court-ordered medical examinations.
Judge Newman filed a lawsuit challenging her suspension, claiming it violated her constitutional due process rights. However, on Tuesday, U.S. District Judge Christopher Cooper dismissed the claims, affirming the judiciary’s authority to regulate itself.
Speaking to Reuters on Wednesday, Judge Newman expressed her intention to appeal Judge Cooper’s decision to the U.S. Court of Appeals for the D.C. Circuit. She maintained her fitness for the bench, citing evaluations from doctors of her choosing conducted since the suspension.
Judge Newman stated that it is her duty to stand up for an independent judiciary and judges who may be disliked by their colleagues. She believes the dismissal erred by accepting the Federal Circuit’s version of events and framing the dispute as a question of her competence, rather than her failure to cooperate with the investigation.
At 97 years old, Judge Newman acknowledged that her age has been a factor for her colleagues and likely closes some minds. However, she pointed out that discrimination based on age is prohibited.
Judge Newman drew parallels between criticism of her fitness due to age and calls for President Joe Biden, aged 81, to withdraw as the Democratic candidate in this year’s presidential election over similar concerns.
While steadfastly defending her abilities, Judge Newman disclosed that she had privately considered stepping down from the bench before the suspension due to her age. She said that if approached by her colleagues, she may have agreed it was time but would have wanted a say in the timing to consider the political climate.
Going forward, Judge Newman expressed hope that the Supreme Court will eventually rule in her case and address the issues of an independent judiciary and suspension of judges without a finding of incompetence. At 97, she remains committed to continuing her fight.
Source: Reuters
