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The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, et al.

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CASE: The Hon. Pauline Newman v. The Hon. Kimberly A. Moore, et al.

STATUS: Active

NCLA ROLE: Counsel

COURTS HEARD IN: D.C. Cir., Fed. Cir., D.C.

ORIGINAL COURT: U.S. District Court for the District of Columbia

DECIDING COURT: U.S. Court of Appeals for the D.C. Circuit

OPENED: April 21, 2023

AGENCIES: Judicial Council of the Federal Circuit

FOCUS AREAS:

Due Process Violations

The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

Scope of Authority / Nondelegation

The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

CASE SUMMARY

Chief Judge Kimberly A. Moore of the U.S. Court of Appeals for the Federal Circuit claimed that U.S. Circuit Judge Pauline Newman “is unable to discharge all duties of the office by reason of mental or physical disability”. Moore appointed a three-judge special committee—including herself—to investigate the matter. Without citing any legal authority and prior to the conclusion of any investigation, Chief Judge Moore removed Judge Newman from new hearing cases for an indefinite period. She also impeded Judge Newman’s access to court chambers and unilaterally decided that the judicial assistant working for Judge Newman “is no longer an employee of the Newman chambers.”  

Chief Judge Moore’s unlawful action to bar Judge Newman from carrying out the duties of her appointed office poses significant constitutional difficulties because it impinges on the Constitution’s guarantee that federal judges hold and exercise the functions of their office “during good behaviour.” Her action also violated due process of law and raises serious concerns about Chief Judge Moore’s ability to conduct this investigation impartially.

In September 2023, the Judicial Council of the Federal Circuit unlawfully suspended Judge Newman from hearing new cases for at least a year. The Judicial Council extended the suspension for at least another year in September 2024.

OUR CLIENT

The Hon. Pauline Newman, Plaintiff in Newman v. Moore, et al.

OUR TEAM

John J. Vecchione
Senior Litigation Counsel
Mark Chenoweth
President and Chief Legal Officer

RELEVANT MATERIALS

NCLA FILINGS

Supplemental Filing in Support of Opposition to Motion for a Stay of Rehearing Response Deadline in light of Lapsed Appropriations

October 3, 2025 | Read More

Opposition to Motion for a Stay of Rehearing Response Deadline in light of Lapsed Appropriations

October 2, 2025 | Read More

Motion for a Stay of Rehearing Response Deadline in light of Lapse of Appropriations

October 1, 2025 | Read More

Petition for Rehearing en Banc

September 19, 2025 | Read More

Opinion of the United States Court of Appeals for the District of Columbia Circuit

August 22, 2025 | Read More

SEE 34 FILINGS
PRESS RELEASES

NCLA Asks en Banc D.C. Circuit to Rehear Federal Circuit Judge Newman’s Unlawful Suspension Case

September 22, 2025 | Read More

Retired Judges’ Amicus Brief Supports Judge Newman in NCLA Suit Against Her Suspension

December 13, 2024 | Read More

NCLA Asks D.C. Circuit to Rule Against Unlawful Suspension of Federal Circuit Judge Pauline Newman

December 5, 2024 | Read More

“Judge Newman Fit to Judge,” Reports Harvard-Trained Neurosurgeon Expert

September 24, 2024 | Read More

NCLA Will Continue the Fight to End Unlawful Suspension of Federal Circuit Judge Pauline Newman

February 7, 2024 | Read More

SEE 11 PRESS RELEASES
IN THE MEDIA

I Met Judge Pauline Newman. She Proves Age Is Just a Number

NCLA Blog

September 8, 2023

Judges Attack Judicial Independence

August 10, 2023

Federal Circuit Judge Newman Attempts to Transfer Fitness Complaint to Another Court

JD Journal

May 12, 2023

The Stealth Impeachment of Judge Newman in the Federal Circuit

Reason

May 12, 2023

Reagan-Appointed Judge, Now 95, Faces Probe Into Whether She Can Still Do the Job

Fox News

May 12, 2023

SEE 9 MEDIA MENTIONS

CASE HIGHLIGHTS

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