NCLA Revives Newman Case Against Moore with Supreme Court Petition

"Every judge who gets crosswise with her chief judge or her colleagues must now worry whether similar tactics could be used to remove them. The NCLA argues that the proceedings against Newman establish a dangerous precedent where judicial conduct mechanisms become tools for removing judges based on disagreements rather than genuine misconduct."

"Judge Newman has posed important and serious questions about whether these Judicial Conduct and Disability Act proceedings comport with constitutional due process principles and whether her ongoing suspension comports with the structure of our Constitution. The D.C. Circuit acknowledged these constitutional concerns despite affirming the dismissal of Newman's case."

"The Special Committee issued a 319-page report recommending suspension and characterizing Newman's refusal to submit to medical testing by the Committee's selected doctors as serious misconduct that has thwarted the process Congress created for determining whether a life-tenured judge suffers from a disability."

Judge Kimberly Moore, Chief Judge of the U.S. Court of Appeals for the Federal Circuit, initiated proceedings against Judge Newman in March 2023, leading to her suspension. A Special Committee investigating Newman recommended sanctions after she refused medical testing, characterizing her refusal as serious misconduct. Newman challenged the proceedings in federal court, but the D.C. Circuit affirmed the district court's dismissal in August 2025. However, the D.C. Circuit acknowledged Newman raised important constitutional questions about due process and constitutional structure. The NCLA now seeks Supreme Court review, arguing the removal tactics threaten judicial independence and could be weaponized against judges who disagree with leadership.

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