98-year-old judge asks US Supreme Court to hear case over her suspension

By Blake Brittain

WASHINGTON, March 12 (Reuters) - U.S. Circuit Judge Pauline Newman, the oldest active federal judge at the age of 98, asked the U.S. Supreme Court on Thursday to hear her challenge to her ongoing suspension from a federal appeals court in Washington.

Newman told the justices in her petition the U.S. Court of Appeals for the Federal Circuit unconstitutionally removed her from her position during an investigation into her fitness.

A spokesperson for the Federal Circuit did not immediately respond to a request for comment.

"The impact on judicial independence is powerful," Newman told Reuters. "This is not what the constitution intended for a balanced government."

"If the Great Dissenter’s colleagues can remove her from the bench in this slipshod fashion, then other federal judges cannot be secure in their lifetime tenure," Newman's attorney Mark Chenoweth of the New Civil Liberties Alliance said in a statement.

The Washington-based Federal Circuit handles patent appeals nationwide and frequently rules on high-stakes intellectual property cases involving major companies. Newman, who was appointed by Republican President Ronald Reagan, is a revered figure in patent law and a prominent dissenter at the court.

Chief Federal Circuit Judge Kimberly Moore said in orders made public in 2023 that Newman had shown signs of serious cognitive and physical impairment. A council of the court's judges unanimously voted to suspend Newman later that year after finding that she refused to cooperate with an investigation into her fitness.

Newman has maintained that she is fit to serve and sued the council in Washington, D.C., district court. A judge there dismissed Newman's case in 2024 after finding that courts have "consistently affirmed the judiciary's authority to police itself."

The D.C. Circuit upheld that ruling last year.

Newman told the Supreme Court in her appeal on Thursday that the suspension exceeds the Federal Circuit's authority under the U.S. Constitution.

"Chief Judge Moore has invoked the Disability Act improperly to perpetually sideline Judge Newman until she gives in to the bullying and retires or takes senior status," Newman said in the court filing.