Courts

Appeals Court Extends Pauline Newman's Suspension

Newman's lawyer described her suspensions as ‘unprecedented.’

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Pauline Newman, a 95-year-old judge on the U.S. Court Court of Appeals for the Federal Circuit, in her office on May 03 in Washington, DC.

(Photo by Bill O’Leary/The Washington Post via Getty Images)

Pauline Newman has spent the last year fighting for the right to do her job. We spoke at length with her about the Federal Circuit’s request that she step down and her eventual functional impeachment. Despite recorded public appearances that show a clear ability to discuss patent law and how subject matter eligibility impacts patent marketability, the court has maintained that she is not physically or mentally fit for the job, taunting her to submit to testing to prove otherwise. After the initial evaluations found her sound of mind and body, she’s refused to comply with further testing requests and opted to fight it out in court. Reuters covered the most recent outcome of that battle:

The U.S. Court of Appeals for the Federal Circuit’s 11-member Judicial Council in a two-page order unanimously adopted a recommendation by a three-judge committee investigating Newman to extend a suspension that began in September 2023.

The court may renew the suspension if she chooses not to submit to more testing when it is over. Newman is in a rough position. Being forced to undergo another examination is a wrong in itself, but who is to say that her problems would go away even if she followed through? We’ve already seen that  her colleagues could effectively misread and discredit if and when a doctor’s evaluation comes out in Newman’s favor. What prevents the panel from ignoring any new results that don’t conform to their suspicions?

Newman’s lawyers plan to appeal the order.

Court Extends Suspension Of 97-Year-Old US Federal Judge [Reuters]

Earlier: A Lifetime-Appointed Judge Was Accused Of Not Being Able To Do Her Job. She Brought Receipts.
Pauline Newman’s Doctor Has Some Choice Words For The Judicial Panel That Ruled Against Her
Pauline Newman Speaks: ATL Interviews The Judge Who’s Fighting To Do Her Job

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Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.

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