Judge Newman Asks the Supreme Court to Intervene: Framing Judicial Independence as a Constitutional Imperative

"Judge Newman has been barred from exercising any function of her judicial office since late 2023, when she issued her last opinion. She remains, in name, an active-service judge on the United States Court of Appeals for the Federal Circuit. But, in every practical respect, she has been removed from the bench by her colleagues, without impeachment, without an actual finding of disability, and without any court ever reaching the merits of her constitutional claims."

"Newman v. Moore, No. 25-___ (U.S. Mar. 12, 2026), presents two questions about the Judicial Conduct and Disability Act of 1980 (28 U.S.C. 357(c)) that bars judicial review of judicial council 'orders and determinations.' Whether that bar extends to ultra vires acts that exceed the council's statutory and constitutional authority. Whether the bar forecloses claims seeking prospective injunctive relief against future unlawful orders."

"The D.C. Circuit itself described as raising 'important and serious questions' about due process and judicial independence, while holding that its hands were tied by 25-year-old circuit precedent."

Judge Pauline Newman, 98 years old, has been effectively removed from the Federal Circuit bench since late 2023 without impeachment, formal disability determination, or court review of her constitutional claims. Despite remaining nominally an active-service judge, she cannot exercise any judicial functions. Her attorneys filed a Supreme Court certiorari petition in Newman v. Moore, raising two constitutional questions about the Judicial Conduct and Disability Act of 1980. The petition challenges whether the statutory bar on judicial review extends to ultra vires acts exceeding the judicial council's authority, and whether it forecloses claims for prospective injunctive relief against future unlawful orders. The D.C. Circuit acknowledged the case raises serious due process and judicial independence concerns but claimed precedent prevented judicial intervention.

Read at patentlyo.com