Overview
- Newman, 98, asked the Supreme Court to lift her suspension and to decide whether courts can review alleged ultra vires actions by judicial councils and hear claims for prospective relief.
- The Federal Circuit’s judicial council suspended her from taking new cases in 2023 after she declined court‑requested neuropsychological testing tied to fitness concerns, with the suspension later extended.
- Her petition argues the benching functions as a de facto removal that threatens Article III tenure protections and judicial independence, raising separation‑of‑powers and due process issues.
- Newman says she voluntarily underwent and passed three independent expert evaluations and notes no formal finding of disability has been made.
- The D.C. Circuit previously concluded that the Disability Act foreclosed most review of her claims while acknowledging the case presents important questions about due process and judicial independence.