On Thursday, December 12, 2024, six retired federal judges filed an amicus curiae brief in the United States Court of Appeals for the District of Columbia Circuit, supporting Judge Pauline Newman in her ongoing legal battle against her suspension from the Federal Circuit. The brief was submitted in the case of Newman v. Moore, where Judge Newman is represented by the New Civil Liberties Alliance (NCLA).

The retired judges, who include Hon. Janice Rogers Brown (D.C. Circuit), Hon. Paul Michel (Federal Circuit), Hon. Randall Rader (Federal Circuit), Hon. Thomas Vanaskie (Third Circuit), Hon. Paul Cassell (District of Utah), and Hon. Susan Braden (Federal Claims), have expressed their concerns regarding the legality of Judge Newman’s suspension. They argue that her removal from the bench was executed without due process, violating established judicial conduct regulations.

Judge Newman was initially suspended in March 2023 when the Judicial Council of the Federal Circuit decided to remove her from hearing new cases. This suspension was implemented before any formal investigation into her fitness for office had begun, a situation the retired judges contend is a violation of the Judicial Conduct and Disability Act. In September 2023, the suspension was extended for a year, and again in September 2024, making it an unprecedented situation in American judicial history.

The brief asserts that suspending an Article III judge from all judicial functions is unconstitutional. The retired judges emphasize that the U.S. Constitution grants the Senate the exclusive power to remove federal judges. They argue that the actions taken by the Judicial Council effectively usurp this authority, undermining the independence of the judiciary at large.

The brief also criticizes the U.S. District Court for the District of Columbia, which dismissed Judge Newman’s claims on the grounds that judicial review was precluded. The retired judges argue that this dismissal contradicts the fundamental principle that all U.S. citizens have the right to have their federal constitutional claims adjudicated in court.

In addition to the retired judges, several organizations, including the Bar Association of the District of Columbia, The Buckeye Institute, and the Manhattan Institute, have also filed amicus briefs in support of Judge Newman. The NCLA has expressed gratitude to these groups for their commitment to upholding due process and judicial independence.

Greg Dolin, Senior Litigation Counsel at NCLA, commented on the significance of the brief filed by the retired judges. He noted that the judges, appointed by presidents from both major political parties, highlight the serious constitutional implications arising from the Federal Circuit’s actions. Dolin urged the D.C. Circuit to take these concerns seriously and to protect judicial independence by deeming the actions of the Federal Circuit unlawful.

John Vecchione, another Senior Litigation Counsel at NCLA, remarked on the rarity of retired federal judges and members of the D.C. Bar submitting amicus briefs. He emphasized that the arguments presented by the retired judges and other amici should be thoroughly evaluated by the D.C. Circuit and the broader legal community.

The case has drawn significant attention due to the unusual nature of Judge Newman’s suspension and the implications it holds for judicial independence. As the proceedings continue, the D.C. Circuit is expected to take into account the arguments presented in the amicus brief alongside other filings as it deliberates on the matter.