The Supreme Court declined to hear a 98-year-old federal judge’s challenge of her suspension by her peers on the federal appeals court she serves on, leaving the oldest active federal judge suspended from her duties.
The high court did not explain its decision not to hear the case brought by U.S. Circuit Judge Pauline Newman, who has been suspended from the U.S. Court of Appeals for the Federal Circuit for more than three years. Newman was suspended by a panel on her appeals court for refusing to comply with an investigation into concerns over her fitness to serve. The panel requested neuropsychological tests as part of the investigation, but Newman has rejected taking the requested exams, instead pointing to other tests she has passed and insisting she is still fit to serve.
Newman has held her position on the Federal Circuit since 1984, when she was nominated by President Ronald Reagan. Her bid to revive her lawsuit has failed in the federal district court and appeals courts, with a federal appeals court panel on the District of Columbia Circuit finding that the lawsuit could not be revived under existing precedent, but it did express concern over due process. The Supreme Court’s decision not to take up the case is the end of the road for this lawsuit, but the New Civil Liberties Alliance, which has represented Newman throughout litigation, said it would continue to pursue all available avenues.
“It is a dark day for the independence of the federal judiciary,” NCLA President Mark Chenoweth said. “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.”
Newman’s suspension in 2023 came at a time when then-President Joe Biden’s age and fitness to be commander in chief were under increased scrutiny, with Biden saying at the time that he intended to seek another term in the White House. Biden ultimately ended his reelection bid in July 2024, a month after a debate against now-President Donald Trump only increased concerns over Biden’s fitness for office. Biden was 82 when he left office in January 2025.
Trump, who turned 80 on Sunday, is also one of the oldest presidents in history and will be 82 when he leaves office in January 2029. As Trump’s term has continued, critics have raised concerns about the president’s health, particularly about rashes and bruises that have been seen in photographs. The president’s doctors have downplayed concerns about his health as minor medical problems.
THE MAJOR SUPREME COURT DECISIONS REMAINING FOR THIS TERM
The high court has announced 14 cases it will hear for arguments in its upcoming term, which will begin in October, but the justices are expected to add dozens of cases to that list in the coming months.
The Supreme Court’s current term is expected to conclude by the end of the month, once the justices release the remaining opinions in the 20 cases they heard arguments for but have yet to decide. Some of the most closely watched cases awaiting a ruling include legal challenges to President Donald Trump’s firing ability, a pair of state laws barring biological males from women’s sports, and laws allowing late-arriving mail ballots to be counted.