A District of Columbia federal judge dismissed the lawsuit Federal Circuit Judge Pauline Newman filed against her colleagues over her suspension for refusing to undergo medical tests. The ruling stated that she failed to prove the judicial conduct law in question is unconstitutional.
U.S. District Judge Christopher R. Cooper granted judgment on the pleadings to all active judges of the Federal Circuit’s Judicial Council, dismissing Judge Newman’s suit regarding her suspension. The suspension was imposed last year amid an investigation into her fitness to remain on the bench. Judge Cooper previously ruled in February that he lacked jurisdiction over Judge Newman’s claims related to her suspension. However, he allowed her to pursue claims that the Judicial Conduct and Disability Act, which her colleagues relied on to suspend her, violates the Fourth Amendment and is unconstitutionally vague.
Judge Newman Loses Suit: Key Points
Judge Cooper concluded on Tuesday that Judge Newman could not prevail on these counts either, leading to the dismissal of the case. Judge Newman argued that the law violates the Fourth Amendment’s prohibition on unreasonable searches and seizures, particularly regarding compelled medical examinations of judges and the surrender of their medical records. However, Judge Cooper disagreed with her argument.