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A significant due process issue with Pauline Newman’s functional impeachment was that the members of her court, the U.S. Court of Appeals for the Federal Circuit, acted as the judge, jury, and executioner when they cited the Judicial Conduct and Disability Act as cause to remove her. From the very start, Judge Newman has argued that the matter should be transferred over to a separate, neutral court. The U.S District Court of D.C. heard her case calling for her reinstatement and delivered a decision on Tuesday. Reuters has coverage:
U.S. District Judge Christopher “Casey” Cooper on Tuesday ruled against, opens new tab Newman’s claims that the law violated constitutional due process rights. Cooper in February rejected other constitutional claims Newman had raised.
Her attorney Greg Dolin told Reuters that Newman will appeal the decision. A spokesperson for the Federal Circuit declined to comment.
The appeals process appears to be the best chance Judge Newman has at getting her job back — the Court of Appeals for the Federal Circuit’s public order telling Newman to explain why she shouldn’t be forced to sit in the time-out chair for another year doesn’t suggest they plan on giving up any time soon.
US Judge, 97, Loses Lawsuit Seeking Reinstatement [Reuters]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.