Newman Suspension’s Constitutionality Probed by D.C. Circuit (1)

A trio of D.C. Circuit judges seemed skeptical of suspended 97-year-old Federal Circuit Judge Pauline Newman’s arguments a statute allowing courts to self-police instances of misconduct and disability is unconstitutional across the board.

But the panel registered deep discomfort accepting Newman’s colleagues’ position that the court lacks authority to consider her arguments that the law was applied in her investigation unconstitutionally. Specifically, she’s contended the back-to-back nature of her benchings, which have extended into their second year, and the Federal Circuit’s Judicial Council’s refusal to transfer the investigation of Newman’s fitness to a different appeals court amount to constitutional violations. ...