The Federal Circuit has called on the D.C. Circuit to stand firm and decline Judge Pauline Newman’s bid to revisit a ruling that upheld the dismissal of her lawsuit challenging her suspension — a case that has placed judicial independence, internal discipline, and constitutional boundaries under a national spotlight.
In a filing Monday, the court told its D.C. counterpart that Judge Newman’s request for an en banc rehearing should be denied, arguing that long-standing precedent gives the judiciary the authority to resolve its internal disputes without outside interference.
Federal Circuit Says Judicial Self-Governance Must Stand
McBryde Precedent Takes Center Stage
Judge Newman, now 98 years old and suspended for more than two years, argued in September that the D.C. Circuit should overturn its 2001 McBryde decision, which bars individual judges from suing their colleagues over disciplinary actions taken under the Judicial Conduct and Disability Act.
But the Federal Circuit fired back, insisting that McBryde is consistent with Congress’s intent and with D.C. Circuit precedent.
“Plaintiff provides no rationale to overcome the strong stare decisis that attaches to statutory-interpretation precedents,” the Federal Circuit said, adding that “Plaintiff provides no sound basis to revisit McBryde.”
The court emphasized that the statute expressly channels review of judicial-council actions to the Judicial Conference of the United States, not federal district courts.
