Physician Who Examined Judge Newman Defends Work After Criticism

A California neurosurgeon who in September proclaimed suspended Federal Circuit Judge Pauline Newman was fit to serve, responded to a barrage of criticisms aimed at his analysis.

Aaron Filler—who’s also a lawyer and inventor—examined Newman in August 2024, almost a year after the 97-year-old jurist was suspended by her colleagues on the US Court of Appeals for the Federal Circuit for refusing to submit to an examination by an independent physician. A trio of doctors consulted by the appeals court responded in February, questioning whether Filler’s CT Perfusion brain-scanning technique was sufficient to rule out a possible mental impairment or to serve as a substitute for more comprehensive testing.

In a rebuttal report released by Newman’s lawyers at the New Civil Liberties Alliance on Tuesday, Filler said the technique he used represents a technological advance over more traditional cognitive assessments based on standardized questions and observation. Filler said James Noble, one of the doctors who critiqued his examination, is a champion of the older methods and, “CT Perfusion is a threat to Dr. Noble’s practice and legacy so he can hardly be expected to comment impartially about it.”

The filings are part of the administrative record before the Federal Circuit as it considers Newman’s motion to reconsider and rescind its latest suspension, which was renewed for a second year on Sept. 6.

The rebuttal “provides objective and conclusive evidence” of Newman’s “continued ability to serve in her confirmed position,” Newman’s lawyer and former law clerk Greg Dolin said Tuesday.

The judge, in addition to her continued administrative battle, is pursuing a constitutional lawsuit challenging her suspension. The US District Court for the District of Columbia dismissed Newman’s suit in July. Oral argument in Newman’s appeal to the DC Circuit is scheduled for late April.