Rogue Judges Handed Major Loss In ‘Unconstitutional’ Scheme To Remove Their Colleague

A 99-year-old federal judge scored a major win on Tuesday in her fight against an “unconstitutional” effort to remove her from the bench. According to a new court order, Supreme Court Chief Justice John Roberts transferred the judicial misconduct case of Federal Circuit Court Judge Pauline Newman from the Federal Circuit to the 11th Circuit Court of Appeals. Appointed by President Ronald Reagan, Newman has served on the Federal Circuit for more than 40 years and is currently the oldest serving federal judge in the country. The entire debacle began in March 2023, when Federal Circuit Chief Judge Kimberly Moore and the Federal Circuit Judicial Council suspended Newman over alleged concerns regarding her mental and physical health. Despite protests from Newman and her counsel, the New Civil Liberties Alliance (NCLA), this indefinite suspension — which remains ongoing — has barred the Reagan appointee from partaking in cases brought before the court. Newman and NCLA challenged her suspension and the Judicial Council’s actions as unlawful. They argued that the body’s de-facto removal of Newman was unconstitutional and violated provisions of the 1980 Judicial Council Reform and Judicial Conduct and Disability Act (“the Disability Act“), which governs the process for filing misconduct and disability complaints against federal judges. D.C.-based District Judge Christopher Cooper rejected Newman’s claims in 2024. Citing a past decision by the D.C. Circuit Court of Appeals, the Obama appointee argued that federal courts are precluded from hearing her case and that she must seek relief from the U.S. Judicial Conference. Cooper is best known for blocking President Trump’s renaming of the Kennedy Center earlier this year. A three-judge panel on the D.C. Circuit — comprised of all Democrat appointees — upheld Cooper’s ruling on similar grounds in August 2025. Newman petitioned the U.S. Supreme Court to take up her case earlier this year. In doing so, she warned that permitting her indefinite suspension to continue would set a dangerous precedent by permitting to federal judges to effectively remove their colleagues from the bench. “This administrative removal of a judge who is famous for dissenting from her colleagues, by those same colleagues, with judicial refusal to review the merits of the action, undermines the judicial independence that is a vital foundation of our constitutional design,” the filing reads. “Every judge who gets crosswise with her chief judge or her colleagues must now worry whether similar tactics could be used to remove them.” The Supreme Court rejected Newman’s petition without explanation on June 15. According to Tuesday’s order by 11th Circuit Chief Judge William Pryor, Chief Justice Roberts — who presides over the U.S. Judicial Conference — transferred Newman’s case to the 11th Circuit Judicial Council on Aug. 19. This included “any pending or new complaints relating to the same subject matter.” Pryor revealed the transfer at the request of Newman, who sought its disclosure “to maintain public confidence in the judiciary’s ability to redress misconduct or disability,” according to the order. NCLA released a statement Tuesday praising the transfer of Newman’s case as “welcome news.” Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He is a co-recipient of the 2025 Dao Prize for Excellence in Investigative Journalism. His work has been featured in numerous outlets, including RealClearPolitics and RealClearHealth. Follow him on Twitter @ShawnFleetwood