CASE
SUMMARY
Known as the “Great Dissenter,” Federal Circuit Judge Pauline Newman has shaped intellectual property law for decades with her unique voice. In March 2023, the Judicial Council of the Federal Circuit, led by Chief Judge Kimberly Moore, indefinitely removed Judge Newman from hearing new cases even before beginning a formal investigation into her fitness for office, violating the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 while invoking it to justify their actions.
Effectively removing an Article III judge from all functions of her office is unconstitutional and violates the Disability Act. That law permits administrative suspensions, but only a time-limited suspension with a definite end-date. It explicitly forbids removing a judge from office. Preventing Judge Newman from serving in her constitutionally appointed role poses a dire threat to judicial independence and the separation of powers.
In 2025, a D.C. Circuit panel held it lacked jurisdiction to hear the merits of this lawsuit against Judge Newman’s suspension based on a flawed 2001 circuit precedent. NCLA now asks the Supreme Court to hear the case and mandate court review of administrative orders that have kept Judge Newman off the bench.