Supreme Court won’t hear 98-year-old judge’s bid to end suspension

The Supreme Court on Monday declined to take up the oldest active federal judge’s bid to end her suspension, which her colleagues issued after she refused their demands for mental fitness testing.

Pauline Newman, who turns 99 on Saturday and rejects the notion she is unfit to serve, sued her fellow judges on the U.S. Court of Appeals for the Federal Circuit after they indefinitely prevented her from taking on new cases.

Newman contends it’s unconstitutional. The case has emerged as one of the most prominent battles concerning age of the judiciary, in an era when questions about elected officials’ mental fitness are looming large in Washington.

“This petition presents questions concerning crucial constitutional and statutory aspects of lifetime tenure and judicial independence, especially the availability of judicial review for intra-branch infringements on judicial service,” Newman’s lawyers wrote in court filings.

They urged the justices to reverse a lower court that found it had no authority to hear the lawsuit.

Newman became the first judge to be directly appointed to the newly created Federal Circuit when then-President Reagan nominated her in 1984.

The Federal Circuit hears appeals on specialty topics, like intellectual property and government contracts, and has recently garnered attention for hearing challenges to Trump’s tariffs. Newman is especially known for her opinions on patent law, earning her the nickname of the “Great Dissenter.”

In 2023, Newman’s colleagues suspended her. The Federal Circuit’s chief judge, Kimberly Moore, unsuccessfully tried to convince Newman to retire before opening misconduct procedures.

Court documents show unnamed employees described Newman’s demeanor as “paranoid,” “agitated” and “bizarre” during the investigatory interviews. Among other things, they alleged Newman needs assistance with basic tasks, claims the court has bugged her phones and repeatedly seems to have trouble retaining information.

Newman’s colleagues suspended her from hearing new cases as she refused to undergo their desired medical examinations. Newman points to three mental tests that were performed by three doctors, which she says prove her mental fitness.

“It is a dark day for the independence of the federal judiciary,” New Civil Liberties Alliance President Mark Chenoweth said in a statement. His group represented Newman.

“The cert denial in this case means that Judge Newman’s due process and other complaints about the way Chief Judge Moore and the Federal Circuit Judicial Council have treated her never have and never will receive a merits decision from an Article III court. That is utterly inexcusable and truly inexplicable,” he continued.

Represented by the Justice Department, Newman’s colleagues urged the Supreme Court to turn away her appeal. They said the case fails the justices’ criteria for review “many times over” and the lower court was correct that federal district judges have no authority to hear lawsuits challenging judicial misconduct decisions.

“That sensible policy decision ensures a mechanism for reviewing allegations of judicial misconduct or incapacity that comports with separation-of-powers considerations, offers multiple layers of review, and prevents overburdening federal courts with complaints about judicial-council decisions,” the Justice Department wrote in its brief.

Updated at 10:45 a.m. EDT