Political Intrigue Swirls as Reagan-Appointed Judge, 96, Is Told ‘Go Quietly’ or Else

At 96, the U.S. Court of Appeals judge for the Federal Circuit, Pauline Newman — facing pressure to resign and even the threat of impeachment — is digging in her heels, saying the fact that she often dissents from the court’s majority means “the nation needs my voice.”President Biden is the oldest chief executive ever and the 118th Congress is the third oldest since 1789, a topic raised by Mr. Biden’s stumbles, Senate Minority Leader McConnell’s recent brain freeze, and Senator Feinstein giving her daughter power of attorney and needing to be prompted, “Just say ‘aye,’” during a vote last week.Now, the topic of what age is too old to hold official positions has reached the third branch of government. Judge Newman told Bloomberg’s “On the Merits” podcast that all of her colleagues want her to quit and gave credence to the theory that the chief judge, Kimberly Moore, “wants to clear a space for another appointment” for Mr. Biden.Since the federal circuit hears patent cases, including those related to emerging technology, Judge Newman calls it “one of the most important in the nation,” and feels that because she often dissents from the majority, her 11 fellow riders would just as soon be rid of her.“I was told, ‘Just go quietly,’” she said. “‘Just go quietly or we will make your life miserable.’ … I think that if the judges on this court are willing — and more than willing — to push me out in order to get me out of the way so that no one says that they made a mistake, that I need to be here to countermand that.”Bloomberg notes that Judge Newman conducted the hourlong interview “with no aides present” and “answered every question,” impressive since she is the oldest on any federal court who hasn’t taken senior status, which jurists are eligible for at 65 if they don’t wish to go into retirement.“I think when you are not intellectually capable of doing the job,” Judge Newman said, “one should have the sense to step down, and I think it’s important to be objective about one’s capability,” but Judge Moore doesn’t want to wait. She stopped assigning Judge Newman cases and filed a formal complaint alleging she is no longer physically or mentally fit.“The things that have been said,” Judge Newman told Bloomberg, “are the most extraordinary fabrications and exaggerations as far as I can imagine,” including that she had a heart attack, was hospitalized, had two stents implanted, and fainted in the courthouse. “All of that,” she said, “was absolutely false.”“Judge Moore told all of our colleagues,” Judge Newman said, “that I was totally incompetent intellectually, and as to where that came from, it’s hard to tell. But I don’t see any diminution in my intellectual ability to do the work of the court.” She has refused to release her medical records, saying they can’t prove a negative, or to undergo neurological tests.Judge Newman’s attorney submitted an independent neurologist’s evaluation testifying to the rider’s fitness. On Friday the panel, which Judge Moore leads, dismissed this, and in a report said that Judge Newman should be suspended for a year or until she complies with their requests, ruling that her actions meet the standard of “serious misconduct.” Should the panel decide that Judge Moore’s resistance disqualifies her from the circuit, they could recommend her impeachment to the House of Representatives. Only 15 federal judges have been impeached, with eight Senate convictions, four acquittals, and three resignations.Judge Newman is suing in federal district court to keep her job, citing the fact that under the Constitution, her post is for life. “What we hope to ask from the district court is to point out the constitutionality of the appointment,” she said, “and that until it’s resolved through the procedures, that the penalty shouldn’t be invoked.”Whatever the outcome of this court drama, that Judge Newman will not “go quietly” is clear. “I’ve had a good life and an interesting life,” she told Bloomberg, “doing what I wanted to do,” and she seeks to go on doing it — and dissenting — unless she’s removed from office, but the chances of that seem slim.The Senate, after all, is the oldest in history, too.

Political Intrigue Swirls as Reagan-Appointed Judge, 96, Is Told ‘Go Quietly’ or Else

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