Judges Rally Behind Judge Newman at SCOTUS

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Andy Morris to discuss new developments in Newman v. Moore, an NCLA case asking the U.S. Supreme Court to decide whether Judge Pauline Newman has a right to judicial review after being sidelined from the Federal Circuit for more than three years.

The conversation focuses on a series of newly filed amicus briefs supporting Supreme Court review, including briefs from retired federal judges, former Federal Circuit clerks, legal scholars, and the D.C. Bar. Andy explains why many attorneys have been reluctant to publicly support Judge Newman despite widespread concern within the legal community, and why several amici argue the case raises profound questions about judicial independence and separation of powers.

The episode examines claims that internal judicial administrative processes have been used to effectively remove an Article III judge from active service without impeachment or meaningful judicial review. Mark, John, and Andy also discuss the unusual refusal to transfer the matter to another circuit, concerns about secrecy and selective disclosure, and the argument that Judge Newman’s removal has had a chilling effect on dissent within the Federal Circuit.

The discussion also highlights Judge Newman’s continued public appearances, her extensive record of influential dissents, and why amici argue the Supreme Court should intervene to clarify the constitutional limits of internal judicial disciplinary power.