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Supreme Court Declines Review of Judge Pauline Newman’s Suspension

Her suspension remains in place as federal law restricts ordinary court review of judicial-council decisions.

Overview

  • The Supreme Court declined to hear Newman’s appeal on Monday, June 15, leaving the Federal Circuit’s indefinite bar on her hearing new cases in effect.
  • Newman was suspended by the Federal Circuit Judicial Council in 2023 after a special committee ordered neurological and neuropsychological testing and recommended a one-year ban that has been renewed.
  • Her lawyers argued the suspension amounted to an unconstitutional administrative removal that undercut judicial independence, and the New Civil Liberties Alliance said it will pursue other legal options.
  • The Department of Justice, representing Chief Judge Kimberly Moore and the Federal Circuit judges, asked the high court to deny review, and lower courts dismissed Newman’s suit under the Judicial Conduct and Disability Act and separation‑of‑powers precedents.
  • The case highlights a tension between lifetime tenure and the judiciary’s internal oversight process, and it leaves the Judicial Conduct and Disability Act as the primary mechanism for handling complaints about judges’ fitness to serve.