Background

The dispute began in March 2023 under the Judicial Conduct and Disability Act. Later that year, the Federal Circuit suspended Judge Newman from hearing cases after concerns were raised regarding her fitness to continue judicial service. The court ordered neuropsychological examinations, which she declined to undergo, relying instead on evaluations by physicians of her own choosing. The Judicial Council found those reports insufficient and has renewed the suspension several times, most recently in July 2026.

Judge Newman’s efforts to challenge the proceedings in the federal courts were unsuccessful. In August 2025, the D.C. Circuit affirmed dismissal of her lawsuit against Chief Judge Kimberly Moore, although it observed that the case raised serious questions concerning due process and constitutional structure. The Supreme Court denied review in June 2026. Meanwhile, the controversy attracted congressional attention, leading to proposed legislation that would require transfer requests in complaints involving circuit judges.

Why the Case Matters

For readers outside the United States, it may seem surprising that a judge who recently turned ninety-nine continues to fight to remain on the bench. The answer lies in the constitutional protection of judicial tenure. Under Article III of the U.S. Constitution, federal judges hold office during good Behaviour, which effectively grants life tenure unless they resign, retire, or are removed through impeachment.

Judge Newman argues that an indefinite suspension renewed year after year amounts to removal in all but name. The Judicial Council maintains that the suspension is justified because she has refused to cooperate with the investigation. The Judicial Conduct and Disability Act authorizes temporary restrictions on judicial duties, but it does not authorize removal from office.[2] As a result, the case raises an important constitutional question: when does a temporary suspension become inconsistent with the guarantee of life tenure?

A Personal Observation

I had the privilege of knowing Judge Newman while serving as a visiting scholar in Judge Randall Rader’s chambers at the Federal Circuit. What impressed me most was her genuine interest in younger lawyers and her practical understanding of innovation, developed through years of industry experience before joining the bench. Whatever one’s view of the fitness dispute, her independent voice has been absent from Federal Circuit panels since 2023.

What Comes Next

Judge Newman, appointed by President Reagan in 1984, is the Federal Circuit’s longest-serving judge. The key question now is how the Eleventh Circuit Judicial Council will address both the suspension and the underlying disability proceedings. For Judge Newman, who has sought review by an independent tribunal for more than three years, the transfer represents an important procedural victory, though not yet a return to active judicial service.