Pauline Newman under investigation by the Federal Circuit

United States Circuit Judge Pauline Newman of the United States Court of Appeals for the Federal Circuit is under formal investigation by a three judge panel of the Federal Circuit under the Judicial Conduct and Disability Act.

She is 95 years old (96 in late June) and holds the record for the oldest active status Judge in history. (The overall record of 104 is held by the late Wesley Brown, but that was achieved in senior status.)

Unfortunately, she, like the rest of us, is merely mortal. And by the small amount of evidence I have seen, she has overstayed her ability to serve in active status. Clearly though, she has no intention of leaving voluntarily.

Pretty much certain she will be involuntarily certified as disabled, permitting the court to relieve her of duty and for President Biden to appoint her replacement.

Better for her to simply retire. Clearly it is her time to leave.

Better she finds the skill to remain until 2025 so Trump can name her successor.

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I wonder if she sleeps like Professor Lillolman (it scares the heck out of people)?

Ginsburg was permitted to stay while incapacitated in her futile attempt to prevent Trump from naming her successor.
Let the same rule apply here.

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Besides that, with Biden around it’s not like the argument you can’t be dottering and still in office has a lot of heft just now.

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I don’t know. Biden isn’t a good argument that old people can still be competent in performing important duties. (admittedly not too far in my future).

The reflexive partisanship never fails to entertain, but this is the Federal Circuit.

No abortion/immigration/culture war issues there.

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Sorry that i was not clear. It’s on me.

Biden … dottering … in office, so to say (relative to Biden supporters) that people in what for them passes for their dotage can’t be in office is weaker just now, not stronger,

It was clear.

Yes. I have definitely noticed that there are some people who’s positions can always be predicted before they post them. Those same people are often the ones who complain most about “reflexive partisanship”.

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I just realized that I’ve met her. A few times, actually. She was a sweet lady.

I read some of her opinions in law school, too.

:rofl:

So, you’re saying you “predicted” my position?

What position would that be?

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The Federal Circuit has never broken on partisan lines. It doesn’t matter in the slightest which President makes the appointment.

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There isn’t much political red meat in patent law, or government contracts.

Or federal employment law, either.

Wow, I’ve never heard of anything like this before. The Federal Circuit actually released the orders.

Well, I’m a huge Mel Brooks fan so the High Anxiety reference was probably somewhat predictable.

Newman is clearly digging in for a fight. She has hired outside counsel to fight the proceedings.

Pending an outcome, she has been removed from all cases and duty and her staff temporarily reassigned.

Meaning that she likely has performed her last official duty on the Federal Circuit. I don’t see her prevailing. Most likely she will be involuntarily certified as disabled and permanently relieved of duty. Of course, she will receive her salary for life (or an equivalent pension if she gives in and retires). She will simply have an empty office and nothing to do but stare at the clock all day.