At 97, Judge Pauline Newman, the nation's oldest active federal judge, is challenging her suspension from the bench. Her colleagues allege mental decline and refusal to undergo a medical evaluation, prompting a two-year suspension from the U.S. Court of Appeals for the Federal Circuit. Newman, appointed by President Reagan in 1985, maintains her fitness to serve and has countered with reports from four independent physicians – two psychiatrists, a neuroradiologist, and a neurosurgeon. The Federal Circuit's Judicial Council initiated the suspension in September 2023, citing concerns about her mental capacity and a purported backlog of cases, a claim Newman's team disputes. The investigation stemmed from interviews with court staff describing memory loss, confusion, and erratic behavior. Newman has filed a lawsuit contesting the suspension, arguing she's being unfairly targeted. While a lower court dismissed her case, she has appealed to the U.S. Court of Appeals for the District of Columbia Circuit. Her legal team emphasizes her sharp intellect and presents witnesses who attest to her cognitive abilities, suggesting she appears decades younger than her actual age. They argue that her meticulous approach to opinions, ensuring consistency across cases, explains any perceived delays. Newman's representatives have also filed a motion to unseal documents related to the investigation, alleging a lack of transparency and due process. The New Civil Liberties Alliance (NCLA), representing Newman, calls the suspension unprecedented and unconstitutional. They highlight a recent neurological examination and brain scan that found no significant deficits, further supporting her fitness to serve. The NCLA argues that the case has implications beyond Newman's situation, touching on the independence of the judiciary and the system of checks and balances.

U.S. Circuit Judge Pauline Newman delivering remarks at George Mason University in October 2023. (REUTERS/Leah Millis)

Pauline Newman in her Washington, D.C. office in May 2023. (Bill O'Leary/The Washington Post via Getty Images)

U.S. Circuit Judge Pauline Newman reviewing paperwork in her chambers in June 2023. (Haiyun Jiang/Bloomberg via Getty Images)