The Supreme Court declined to hear a 98-year-old federal judge’s challenge of her suspension by her peers on the federal appeals court she serves on, leaving the oldest active federal judge suspended from her duties.
The high court did not explain its decision not to hear the case brought by U.S. Circuit Judge Pauline Newman, who has been suspended from the U.S. Court of Appeals for the Federal Circuit for more than three years. Newman was suspended by a panel on her appeals court for refusing to comply with an investigation into concerns over her fitness to serve. The panel requested neuropsychological tests as part of the investigation, but Newman has rejected taking the requested exams, instead pointing to other tests she has passed and insisting she is still fit to serve.
Newman has held her position on the Federal Circuit since 1984, when she was nominated by President Ronald Reagan. Her bid to revive her lawsuit has failed in the federal district court and appeals courts, with a federal appeals court panel on the District of Columbia Circuit finding that the lawsuit could not be revived under existing precedent, but it did express concern over due process. The Supreme Court’s decision not to take up the case is the end of the road for this lawsuit, but the New Civil Liberties Alliance, which has represented Newman throughout litigation, said it would continue to pursue all available avenues.
