It’s looking like the judges-police-each-other ball stops at the Supreme Court. Pauline Newman, supported by a slew of judges and former clerks, asked the Supreme Court to give her case a once over. The hope was that the glaring due process issues would catch Court’s eye. The notion that a panel of judges could oust a coworker without going through the constitutionally mandated procedure of rounding up Congress to vote is a chilling thought — one that may have led a noted drop in federal dissents since Newman was shadow impeached by her colleagues. The way that the Federal Circuit has robbed Newman of due process (and School House of Rock-esque informational content) should be under review, but the Supreme Court has opted out of being the one to do it. CBS News has coverage:
The Supreme Court on Monday turned away Judge Pauline Newman’s bid to return to service on a federal appeals court after she was suspended from hearing cases due to concerns about her fitness to serve.
…
“It is a dark day for the independence of the federal judiciary,” Mark Chenoweth, the [New Civil Liberties Alliance’s] president, said in a statement. “The cert denial in this case means that Judge Newman’s due process and other complaints about the way Chief Judge Moore and the Federal Circuit Judicial Council have treated her never have and never will receive a merits decision from an Article III court. That is utterly inexcusable and truly inexplicable.”
What would it take? Maybe if a Trump-appointed judge got accused of mental shortcomings because they yelled at a bunch of law students for asking questions or turned a judicial decision in to Biblical amateur hour and were suspended until they were evaluated by that court’s cherry-picked experts the Court would have more interest? Quick, somebody get on that before Alito retires.
The situation reads like Moore & The Gang chose favorites, the D.C. Circuit’s hands were tied by McBryde, and the Supreme Court isn’t interested enough to hear if they should undo the trappings. The NCLA said that they will continue to push for Newman’s reinstatement, but I’m not sure what’s left to do other than submitting to the Court’s pick of physician or angrily shaking one’s fist at the sky. Bad shake, either way.
Supreme Court Declines To Take Up Suspended 98-Year-Old Judge’s Bid To Hear Cases Again [CBS News]
Earlier: Judges And Former Clerks Encourage SCOTUS To Hear Judge Pauline Newman’s Case
Federal Circuit Releases Its Own Theme Song Managing To Be Both Embarrassing And Damning
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s . He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boat builder who is learning to swim and is interested in rhetoric, Spinozists and humor. Getting back in to cycling wouldn’t hurt either. You can reach him by email at christopherrashadwilliams@gmail.com and by Tweet/Bluesky at @WritesForRent.
The post Supreme Court Declines To Review Pauline Newman’s Suspension appeared first on Above the Law.
It’s looking like the judges-police-each-other ball stops at the Supreme Court. Pauline Newman, supported by a slew of judges and former clerks, asked the Supreme Court to give her case a once over. The hope was that the glaring due process issues would catch Court’s eye. The notion that a panel of judges could oust a coworker without going through the constitutionally mandated procedure of rounding up Congress to vote is a chilling thought — one that may have led a noted drop in federal dissents since Newman was shadow impeached by her colleagues. The way that the Federal Circuit has robbed Newman of due process (and School House of Rock-esque informational content) should be under review, but the Supreme Court has opted out of being the one to do it. CBS News has coverage:
The Supreme Court on Monday turned away Judge Pauline Newman’s bid to return to service on a federal appeals court after she was suspended from hearing cases due to concerns about her fitness to serve.
…
“It is a dark day for the independence of the federal judiciary,” Mark Chenoweth, the [New Civil Liberties Alliance’s] president, said in a statement. “The cert denial in this case means that Judge Newman’s due process and other complaints about the way Chief Judge Moore and the Federal Circuit Judicial Council have treated her never have and never will receive a merits decision from an Article III court. That is utterly inexcusable and truly inexplicable.”
What would it take? Maybe if a Trump-appointed judge got accused of mental shortcomings because they yelled at a bunch of law students for asking questions or turned a judicial decision in to Biblical amateur hour and were suspended until they were evaluated by that court’s cherry-picked experts the Court would have more interest? Quick, somebody get on that before Alito retires.
The situation reads like Moore & The Gang chose favorites, the D.C. Circuit’s hands were tied by McBryde, and the Supreme Court isn’t interested enough to hear if they should undo the trappings. The NCLA said that they will continue to push for Newman’s reinstatement, but I’m not sure what’s left to do other than submitting to the Court’s pick of physician or angrily shaking one’s fist at the sky. Bad shake, either way.
Supreme Court Declines To Take Up Suspended 98-Year-Old Judge’s Bid To Hear Cases Again [CBS News]
Earlier: Judges And Former Clerks Encourage SCOTUS To Hear Judge Pauline Newman’s Case
Federal Circuit Releases Its Own Theme Song Managing To Be Both Embarrassing And Damning
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s . He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boat builder who is learning to swim and is interested in rhetoric, Spinozists and humor. Getting back in to cycling wouldn’t hurt either. You can reach him by email at [email protected] and by Tweet/Bluesky at @WritesForRent.
