Judge Pauline Newman loses case over her suspension

On Tuesday, U.S. District Judge Christopher R. Cooper dismissed the lawsuit, ruling that Newman failed to show that the 1980 law violates the Fourth Amendment and that any provision of the law is unconstitutionally vague. Cooper rejected Newman’s other constitutional challenges to the law in February.

“Although some investigative actions may raise Fourth Amendment concerns and even constitute a violation of an individual’s privacy rights, Judge Newman has not shown that every application of this provision violates the Fourth Amendment,” Cooper wrote.

Greg Dolin, Newman’s attorney, announced that he would appeal Cooper’s ruling to the U.S. Court of Appeals for the District of Columbia Circuit and eventually to the Supreme Court.

“Judge Newman intends to fight this as long as she needs to because this is not just about her, but about the integrity and independence of the judiciary and the entire constitutional structure,” Dolin said.

Newman’s public dispute over her suitability as a judge takes place amid broader concerns about the mental capacities of aging public servants, from the late Senator Dianne Feinstein (D-Calif.) to Senate Minority Leader Mitch McConnell (R-Kent.). President Biden, 81, has been under pressure to withdraw his re-election bid after his poor performance in the June debates. Biden, the oldest incumbent ever, has vowed to stay in the race.

In an interview, Newman said she supports term limits for federal judges to get new generations of people on the bench. She also has reflected public concerns about the aging of federal judges and government officials.

“There’s certainly room for reflection on how the nation should deal with the fact that we’re all living longer than we used to,” Newman said. “With all the talk about President Biden losing some of his cognitive abilities, I think that’s happening to all of us.”

Newman said she had considered resigning over the years, but “I looked around the court and wasn’t too impressed with my colleagues. I felt I could serve the nation better by staying on the court than by quitting.”

The Federal Circuit hears patent and trademark cases as well as lawsuits involving government contracts and services. Newman, who was appointed to the circuit by President Ronald Reagan in 1984, is known for her dissenting opinions and for taking the time to write them. Over the past 40 years, she has written more than 300 dissenting opinions.

In March 2023, after judges and staff raised concerns about Newman’s ability to perform the work of an active judge, Chief Judge Kimberly Moore asked her to retire or take senior status, a form of partial retirement that creates a vacancy on the court.

Newman refused. Moore then appointed a three-judge panel to examine Newman’s sanity.

The committee’s court filings allege that Newman, the nation’s oldest sitting judge who does not take senior judge status, has shown “significant mental deterioration” since suffering a heart attack in 2021. The committee also says Newman takes much longer than other judges to decide cases and writes fewer opinions.

Newman asked the investigation referred to another court citing conflicts of interest.

No new cases have been reported to her since the investigation began.