Newman v. Moore: Intra-Federal Circuit Dispute Raises Multiple Cross-Disciplinary Issues

In 1984, Hon. Pauline Newman became the first judge appointed directly to the United States Court of Appeals for the Federal Circuit. Judge Newman has served on that court since, and serves to this day. Reports surfaced in April of this year that Federal Circuit Chief Judge Kimberly Moore had initiated a complaint against Judge Newman under the Judicial Conduct and Disability Act of 1980. On May 10, 2023, Judge Newman filed suit in the United States District Court for the District of Columbia against Chief Judge Moore; two other Federal Circuit judges in their capacities as members of the special committee appointed by Chief Judge Moore to investigate the complaint; and the Judicial Council of the Federal Circuit and its members. Judge Newman's federal lawsuit raises issues not just of judicial conduct (given the underlying complaint) and patent law (which are interesting given Judge Newman's and the court's history as well as what some view as its drift away from innovation-protective jurisprudence), but also separation of powers (since Judge Newman was appointed by the President and confirmed by the Senate), and even age/disability discrimination (Judge Newman is 95 years old). Our panel discussed these and related issues arising from this most-unusual set of circumstances. Featuring: --Prof. Paul R. Gugliuzza, Professor of Law, Temple University Beasley School of Law--Prof. Josh Blackman, Professor of Law, South Texas College of Law Houston--Prof. Arthur Hellman, Professor Emeritus of Law, University of Pittsburgh School of Law--Cheryl Stanton, Chief Legal and Government Affairs Officer, BrightStar Care--Moderator: John J. Park Jr., Of Counsel, Strickland Brockington Lewis LLP