The Supreme Court has declined to take up the appeal of Judge Pauline Newman, a long‑serving member of the Federal Circuit, who has been suspended from hearing cases.
Newman, who has sat on the court since 1984, was placed on suspension after a series of fainting spells prompted a panel of Federal Circuit judges, led by Chief Judge Kimberly Moore, to assess her mental competence.
The panel, which included Moore herself, concluded that Newman was not fit to serve. However, three independent experts subsequently evaluated her and found her to be of sound mind and fully capable of performing judicial duties.
Despite the expert findings, Newman remains barred from hearing cases, a status that critics argue raises constitutional concerns about the removal of judges by a panel rather than by the impeachment process reserved for Congress.
Chief judges do not possess the authority to remove federal judges; the Constitution reserves impeachment for the House and removal for the Senate. The Supreme Court’s refusal to review the suspension has been viewed by some as setting a precedent that could affect judicial independence.
The decision has prompted discussions about the limits of chief judges’ powers and the importance of safeguarding lifetime tenure designed to protect judicial independence.
