Newman’s Battle: Medical Exams, Suspensions, and Separation-of-Powers Fears
Judge Newman was suspended after refusing to submit to a medical evaluation that her Federal Circuit colleagues deemed necessary to assess her fitness to serve. Her suspension was renewed in late August for another year.
She has challenged the action through every possible avenue — district court, appeals courts, and the Judicial Conference — but her arguments have repeatedly collided with the limits imposed by McBryde.
Newman contends the Judicial Council’s actions effectively removed her from office, something she argues should be reserved for impeachment. She also maintains that any inquiry into her conduct should have been handled by a different circuit to avoid conflicts of interest.
D.C. Circuit Already Expressed Deep Discomfort
Panel Suggested Its Hands Were Tied
The D.C. Circuit panel that rejected her suit in August signaled misgivings, noting Judge Newman may lack any meaningful judicial forum to challenge her suspension.
The panel said she raised “substantial arguments that … threaten the principle of judicial independence and may violate the separation of powers,” adding that preventing her from presenting her case to a neutral tribunal could raise due process concerns.
Even so, the court concluded that McBryde bound its hands.
“We await the D.C. Circuit’s decision in this matter,” said John J. Vecchione of the New Civil Liberties Alliance, counsel for Judge Newman.
