Judge Newman and the Right to a Day in Court

In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA Litigation Counsel Andy Morris to discuss Newman v. Moore, a case asking the U.S. Supreme Court to decide whether a federal judge can be effectively removed from hearing cases without meaningful judicial review.

Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit has been barred from hearing new cases for years under the Judicial Conduct and Disability Act—despite never being impeached and despite medical evaluations finding her fit to serve. The courts so far have refused to review the merits of her case, citing precedent that treats these actions as internal court administration.

The petition asks the Supreme Court to decide whether courts must be able to review actions that go beyond temporary administrative measures and effectively remove an Article III judge from the bench. The case raises major constitutional questions about judicial independence, separation of powers, and whether “court administration” can be used in a way that avoids judicial review altogether.

Mark, John, and Andy explain the legal issues, the procedural hurdles, and why the case is about more than one judge—it’s about whether there are limits on internal judicial power and whether federal courts must be open to hear constitutional claims.