98-Year-Old Federal Judge Appeals Mental Fitness Suspension to Supreme Court

Pauline Newman fights to resume hearing cases after colleagues suspended her over concerns about her mental fitness.

Mar. 12, 2026 at 10:06pm

Got story updates? Submit your updates here. ›

Pauline Newman, a 98-year-old federal appeals judge, has asked the Supreme Court to step into her fight to resume hearing cases after being suspended by her colleagues over concerns about her mental fitness. Three years ago, Newman's fellow judges at the U.S. Court of Appeals for the Federal Circuit prevented her from taking on new cases indefinitely, and she has sued them, arguing the suspension is unconstitutional.

Why it matters

This case highlights the complex issues around mental fitness and judicial independence, as the judicial system grapples with how to handle aging judges. It also raises broader questions about elected officials' mental fitness that have become a looming issue in Washington.

The details

In 2023, Federal Circuit Chief Judge Kimberly Moore began misconduct procedures after unsuccessfully trying to convince Newman to retire. Unnamed employees described Newman's demeanor as "paranoid," "agitated" and "bizarre," and alleged she needs assistance with basic tasks, claims the court has bugged her phones, and has trouble retaining information. Newman has rejected the notion she is unfit to serve, pointing to three mental tests performed by different doctors.

  • In early 2023, Newman's fellow judges at the U.S. Court of Appeals for the Federal Circuit prevented her from taking on new cases indefinitely.
  • In spring 2023, Federal Circuit Chief Judge Kimberly Moore began misconduct procedures against Newman.
  • In August 2023, Newman's colleagues last extended her suspension from hearing new cases.

The players

Pauline Newman

A 98-year-old federal appeals judge who has been suspended by her colleagues over concerns about her mental fitness and is fighting to resume hearing cases.

Kimberly Moore

The Federal Circuit Chief Judge who began misconduct procedures against Newman in 2023.

New Civil Liberties Alliance

A libertarian public-interest firm representing Newman in her lawsuit against her fellow judges.

Jonathan Mitchell

A prominent conservative attorney representing Newman, who has argued more than a half-dozen cases before the Supreme Court.

Got photos? Submit your photos here. ›

What they’re saying

“Other judges who are watching what is happening to Judge Newman can only wonder if a similar fate will befall them if they fail to stay on the good side of their chief judge.”

— Pauline Newman

“This Court cannot allow the internal politics of a court to sideline a Senate-confirmed judge and threaten the independence of other judges who may fear similar reprisals from their colleagues.”

— Pauline Newman's attorneys

What’s next

The Supreme Court will review Newman's request at a closed-door conference in the upcoming months. The high court chooses what cases it hears, and it turns away the vast majority without comment.

The takeaway

This case highlights the delicate balance between judicial independence and concerns about mental fitness, raising broader questions about how the judicial system should handle aging judges and the implications for the integrity of the courts.