"While no one questions Judge Newman's many contributions to the law, her legal claims here are jurisdictionally deficient and meritless," said the CAFC judges in their motion to dismiss.
The motion also asserts that Newman must bring her appeal to a court with appellate jurisdiction over the Federal Circuit.
The motion to dismiss says that Newman's claims are first precluded by the judicial review bar, but that even if the court decides to review the claims, there is no merit to the argument that the Act is unconstitutional.
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