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Federal Circuit Extends Judge Newman’s Suspension Over Refusal of Cognitive Assessment

The panel made its decision contingent on Newman’s submission to full neuropsychological exams to resolve lingering concerns about her mental fitness.

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Overview

  • A three-judge special committee and an appeals panel unanimously approved a third one-year suspension for Judge Pauline Newman after she declined to undergo mandated neuropsychological testing.
  • The panel determined that Newman’s articulate courtroom appearances and her doctors’ reports did not justify bypassing standardized cognitive assessments.
  • Experts retained by the committee concluded that CT perfusion scans are not accepted for diagnosing cognitive impairment and noted Newman’s own physicians had not recommended full neuropsychological exams.
  • Newman is appealing the dismissal of her lawsuit challenging the suspension and has vowed to continue her legal fight, arguing the process undermines due process and judicial independence.
  • The year-long inquiry, initiated in March 2023 by peers concerned about her capacity, highlights tensions between internal oversight and lifetime tenure protections under Article III.