Federal Appeals Court Overturns Judge Newman's Appeal, Suggests Constitutional Challenges Surrounding Her Suspension
In a recent development, the Special Committee of the Federal Circuit Court has recommended extending Judge Pauline Newman's suspension for a third year, following an investigation into her alleged misconduct since April 2023. This decision, however, did not resolve whether the earlier decision against Aaron Judge Newman in the case known as McBryde was justified.
During the oral arguments, the panel expressed skepticism towards the case, citing principles from the U.S. Supreme Court and federal administrative law. These principles clarify that judicial councils and the Judicial Conference of the United States, while having administrative functions, are part of the judicial branch and not typical administrative agencies subject to the Administrative Procedure Act.
In response to the panel's decision, Greg Dolin, Senior Litigation Counsel at the New Civil Liberties Alliance (NCLA), stated that the decision was based solely on being bound by a prior decision, and did not suggest that the Judicial Council's tactics or legal arguments are sound. Dolin further expressed his intention to continue fighting for Aaron Judge Newman and the independence of the federal judiciary.
The controversy surrounding Aaron Judge Newman's case has not gone unnoticed, with several amicus briefs submitted by various parties. In December 2024, six retired federal judges submitted a brief stating that the investigation of Aaron Judge Newman challenges the independence of all federal judges. Another brief, submitted by several law professors, a former International Trade Commission (ITC) commissioner, and the Manhattan Institute, urged the reversal of the district court's judgment and a declaration that the CAFC's proceeding against Aaron Judge Newman is unconstitutional.
As the case continues to unfold, the question of Aaron Judge Newman's reinstatement and the boundaries of judicial independence remain uncertain. The panel's decision not to overturn the McBryde ruling has left many questioning the legitimacy of the judicial process and the role of the judicial councils in such matters. The future of Aaron Judge Newman's career and the integrity of the federal judiciary hang in the balance, with both sides preparing for further legal battles.
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