A 97-year-old judge lost her lawsuit on Tuesday after challenging her suspension from a U.S. appellate court due to alleged cognitive and physical impairments. Judge Pauline Newman, who faced suspension from the U.S. Court of Appeals for the Federal Circuit, argued that the Judicial Conduct and Disability Act of 1980, which outlines the process for removing judges, violated the U.S. Constitution.
U.S. District Judge Christopher “Casey” Cooper ruled against Newman’s claims, stating that the law did not infringe on constitutional due process rights. In February, Cooper had dismissed other constitutional claims raised by Newman. Her attorney, Greg Dolin, announced plans to appeal the decision, while a spokesperson for the Federal Circuit declined to comment.
Chief Judge Kimberly Moore of the Federal Circuit had previously noted Newman’s serious cognitive and physical impairments and accused her of not cooperating with inquiries into her mental health. Newman, the oldest U.S. federal judge not on part-time senior status, was appointed by President Ronald Reagan in 1984. She holds significant respect in patent law and is known for her dissenting opinions at the court, which handles cases involving major companies.
Newman’s suspension has sparked a rare public dispute over judicial fitness in the U.S. This ruling aligns with current calls from some Democratic lawmakers for President Joe Biden, 81, to step aside in the upcoming presidential election due to fitness concerns.
Former Hollywood movie mogul Harvey Weinstein also appeared in a New York court on Tuesday, where prosecutors announced ongoing investigations into additional violent sexual assaults they allege he committed.
The Federal Circuit’s judicial council suspended Newman last September for at least one year or until she complies with court-ordered medical examinations. Newman, defending her fitness with reports from her own doctors, has made several public appearances since her suspension. In February, Cooper affirmed the judiciary’s authority to police itself.
On Tuesday, the Federal Circuit ordered Newman to explain why her suspension should not be renewed, citing her continued refusal to cooperate with the council.
