On Friday, January 17, 2025, Bloomberg Law reported that Judge Pauline Newman’s recent arguments against her suspension have been deemed “meritless” by the Federal Circuit’s Judicial Council in a brief submitted to the DC Circuit late Thursday.
The brief, which was filed by the US Department of Justice, asserts that Newman’s constitutional challenge to the Judicial Conduct and Disability Act—specifically her assertion that her suspension amounts to “an unlawful removal without impeachment”—should be dismissed. This brief represents the views of Federal Circuit Chief Judge Kimberly A. Moore and the Judicial Council, comprised of all active judges except for the suspended Newman.
At 97 years old, Newman is the oldest active federal judge in the United States. She was suspended by her peers after she declined to participate in an investigation regarding her mental fitness. Currently, Newman is contesting her suspension in both an administrative proceeding and a lawsuit that is under appeal to the US Court of Appeals for the DC Circuit, where the Federal Circuit is also located.
Newman is currently serving her second year-long suspension from hearing new cases in the court, which has exclusive appellate jurisdiction over patent-related lawsuits. The government’s brief clarifies that this suspension is not permanent and could potentially be lifted if Newman agrees to cooperate with the investigation.
The brief emphasizes that Congress distinguishes such time-limited suspensions from “removal” from office, indicating that the current situation does not equate to a permanent loss of her judicial position.
Source: Bloomberg Law
