The U.S.Supreme Court recently wrongly declined to hear U.S.
Circuit Judge Pauline Newman's appeal from the U.S.Court of Appeals for the Federal Circuit.
What has happened to her is outrageous, unconstitutional, dangerous, and unacceptable.For several years, Newman has endured an unconstitutional suspension imposed by her colleagues on the basis of her supposed lack of mental competency—which anyone who has spent any time around Judge Newman knows is absurd.She may be 99, but she is still sharp—and can work circles around her junior colleagues.The suspension bars Newman from hearing any cases and amounts to an unconstitutional impeachment and removal from office.
The Supreme Court set a dangerous precedent by declining to take up the appeal.MORNING GLORY: THE SUPREME COURT OFFICIALLY CLOSES THE BOOKS ON ANOTHER TERMNewman has served on the Federal Circuit since 1984.Several years ago, she suffered some brief fainting spells.
On that basis, Federal Circuit Chief Judge Kimberly Moore, the villain here hiding under a judicial robe, convened a panel of fellow Federal Circuit judges to determine whether Newman was competent to serve.The problem with this scheme is plain: separate from the Constitution giving lifetime tenure to federal judges to ensure their independence and granting Congress the sole power of impeachment, these judges handpicked by Moore were potential fact witnesses.
The Federal Circuit is based in Washington, D.C.All judges serve in the same building.
The judges on Moore's panel, which, incidentally, included Moore herself, observed Newman regularly.In other words, Moore assembled a kangaroo panel of judges who had knowledge of all relevant facts ahead of time.
This farce is like a jury consisting of a dozen witnesses to an alleged crime sitting in judgment of the accused.Such an arrangement is plainly unconstitutional, as was Moore's rigged panel.Pauline Newman, a 95-year-old judge on the U.S.
Court of Appeals for the Federal Circuit, in h...