Supreme Court Rejects Bid By 98-Year-Old Appeals Judge To Be Reinstated

Judge Pauline Newman, who will turn 99 on June 20, serves on the U.S. Court of Appeals for the Federal Circuit.

In March, she filed a petition with the Supreme Court, arguing the Federal Circuit unconstitutionally forced her out of her position after an investigation determined her alleged cognitive deterioration rendered her unfit for the job.

The U.S. Court of Appeals for the Federal Circuit (not to be confused with the U.S. Court of Appeals for the District of Columbia Circuit) is a specialized court with exclusive jurisdiction (or authority) to hear cases involving patents, trademarks, international trade, government contracts, and federal personnel and employment issues.

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Newman, appointed to the court in 1984 by President Ronald Reagan, is a patent law expert and a frequent author of dissenting court opinions.

Chief Federal Circuit Judge Kimberly Moore is the lead respondent in the matter.

Moore signed an order in 2023 saying that a three-judge committee consisting of herself and two others found there was “a reasonable basis to conclude [Newman] might suffer a disability that interferes with her ability to perform the responsibilities of her office.”

Newman failed to undergo medical testing after an expert recommended it, the order said.

Newman also declined to accept service of orders, saying she “was not interested in receiving any documents regarding this matter,” and directed the mailroom at her residence to refuse the orders.

Later that year, a council of judges banned Newman from hearing new cases for one year or until she had court-ordered medical examinations.

“We are acutely aware that this is not a fitting capstone to Judge Newman’s exemplary and storied career,” the council said at the time, adding it had no choice because she was “no longer capable of performing the duties of her judicial office.”

In the petition, Newman’s attorneys said the judge remains intellectually and physically robust.

They cite Dr. Aaron G. Filler of the Institute for Nerve Medicine in San Diego, who produced a report in 2024 saying that the then-97-year-old Newman “appears generally healthy and active as if 20 or more years younger than her stated age.”

Newman “engages normally and fluidly in interaction and conversation without any apparent diminishment that might be associated with age in the 10th decade as to other individuals,” Filler said.

The physician said Newman was a “Super-Ager,” which means she “does not demonstrate effects of age on cognition or demeanor comparable to many others at this age.”

“Based on my experience as an attorney and my expertise as a physician, the content of her speech is entirely appropriate for a serving Court of Appeals Judge,” Filler said.

Newman sued the council in the federal district court in Washington.

That court dismissed the lawsuit in 2024, finding that the courts have “consistently affirmed the judiciary’s authority to police itself.”

The U.S. Court of Appeals for the District of Columbia Circuit affirmed the ruling in 2025.

Newman’s attorneys said in the petition that Moore has “improperly” used the federal Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 “to perpetually sideline Judge Newman until she gives in to the bullying and retires or takes senior status.”

Senior status is a form of semi-retirement for judges who are 65 years or older and have served a minimum number of years of judicial service.

These judges have a lighter caseload but receive full pay. The current president may fill a court vacancy created when a judge takes senior status.

In May, the U.S. Solicitor General, D. John Sauer, filed a brief on Moore’s side, asking the Supreme Court to decline the case.

“Lower courts properly held that the law bars most district court review of judicial council decisions in misconduct or disability cases,” Sauer said.

“I was disappointed the justices did not take this opportunity to protect judicial independence,” said Andrew Morris, a lawyer with the New Civil Liberties Alliance, which represents Newman.