Pauline Newman, a 98-year-old federal appeals judge, has appealed her suspension to the Supreme Court, claiming she is fit for the role.
According to Newman’s petition, Chief Federal Circuit Judge Kimberly Moore, who suspended Newman in 2023, is “using the Disability Act to circumvent these constitutional protections, in an attempt to implement a constructive discharge of a judicial colleague with whom she no longer wishes to serve.”
“These heavy-handed tactics cannot be tolerated if the independence of Article III judges is to be preserved,” the petition reads. “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.”
Moore wrote in 2023 that there is a “reasonable basis for concluding that Judge Newman may suffer from a disability that renders her unable to perform the duties of her office.” Newman refused to undergo medical testing and evaluation.
“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,” the petition notes. “All of this needs to be nipped in the bud before any further damage is done to the Constitution’s protections of judicial independence.”
“Attacks on the independence of the judiciary have been increasing from both the left and right, and from the executive, legislative, and even within the judicial branch,” the petition adds. “For those reasons—and for the reasons given above—it is imperative for the Court to step in and issue a strong statement in support of judicial independence and make clear that the only appropriate method of removing a federal judge is through the constitutional impeachment process.”
Dr. Aaron G. Filler of the Institute for Nerve Medicine in San Diego wrote in 2024 that Newman “appears generally healthy and active as if 20 or more years younger than her stated age.” The physician said that the “content of her speech is entirely appropriate for a serving Court of Appeals Judge.”
