Supreme Court won't take up 98-year-old judge's bid to hear cases again

The U.S. Supreme Court has refused to hear the appeal of 98-year-old Judge Pauline Newman, who sought to return to hearing cases on the U.S. Court of Appeals for the Federal Circuit. Newman had been suspended from hearing cases in 2021 due to concerns about her fitness to serve.

Newman, who has served on the Federal Circuit since 1984, was suspended by the court's Judicial Council. The council cited concerns about her health affecting her capacity to perform the work of an active judge and her habitual delays, which were deemed prejudicial to the efficient administration of justice. Chief Judge Kimberly Moore had previously suggested Newman consider retirement or senior status, but Newman refused.

The Judicial Council's decision followed an investigation that included neurological and neuropsychological testing. A special committee recommended Newman not be permitted to hear cases for one year, a recommendation approved by the Judicial Council in September 2023. Newman's subsequent appeals to the Judicial Conference of the United States and the D.C. Circuit Court of Appeals were also rejected.

The Federal Circuit has renewed Newman's suspension annually since then. Newman had argued that the Judicial Council violated her constitutional rights by effectively removing her from office despite her life tenure protections and by denying her due process. The Supreme Court's denial means her suspension remains in effect.