“The discrepancy in remedies that Chief Justice Moore’s complaint appears to be most concerning. Will you accept it and satisfy Moore?”
IPWatchdog learned from several sources this week that U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Justice Kimberly Moore filed a judicial complaint against Judge Pauline Newman under the Act of Justice and Disability. I found out According to those who have seen the complaint, Moore claims he has good reason to believe that Neumann will not be able to perform his duties effectively.
Sources tell IPWatchdog that Chief Justice Moore has two separate complaints, primarily against Judge Newman. First, Judge Newman is slow to express his opinion, which affects the administration of the judiciary. Second, Moore apparently heard stories from his colleagues and others on the court that raised concerns about Judge Newman’s overall ability to serve.
A number of staff and colleagues with knowledge of the complaint filed against Newman contacted IPWatchdog to confirm the filing of the complaint and to vigorously contest the allegations made of Judge Newman’s authority.
Despite these concerns about Judge Newman’s authority, IPWatchdog noted that Chief Justice Moore was willing to settle her grievances if Judge Newman agreed to obtain senior status. I knew. Judge IPWatchdog refused to consider Judge Neumann’s senior status, so Chief Justice Moore challenged Neumann under the Act of Judicial Action and Disability, sources said.
If true, Moore’s willingness to accept Neumann as a senior justice raises a very serious question. Senior judges continue to hear cases and typically handle one-third of the cases of sitting judges. So if Chief Justice Moore has good reason to believe that Justice Newman is no longer mentally or physically incapable, why would case-count reduction be an appropriate remedy?
why now?
Judge Newman’s apparent accusation of being slow to make decisions is not a new complaint. Or it seems to be a historical institutional issue rather than something related to physical aptitude.
Still, the discrepancy in relief that Chief Justice Moore’s complaint seems to seek is most concerning. Will it satisfy Moore? Some people familiar with the unfortunate episode, speaking on condition of anonymity, have told IPWatchdog that they suspect there may be something else on the agenda. . If Judge Newman voluntarily or involuntarily assumes a senior position, there will be an immediate vacancy on the Court of Appeals for the Federal Circuit, giving the Biden administration ample time to fill the vacancy. . Some have expressed concern with her IPWatchdog that the end goal may be the immediate opening of a Federal Circuit Court of Appeals that the Biden administration can fill. This motive seems far-fetched, but trying to get Judge Newman out in this fashion is unusual, and will likely lead to an ugly and embarrassing fight.
recent objections
Regardless of the apparent end goal, timing, or disagreement of the sought-after remedy, this entire episode is sure to shock anyone reading Judge Newman’s recent dissent. , has filed a dissenting opinion in at least two recent cases in which she showed no signs of suffering from any disorder. Earlier this month, she challenged a majority ruling that SAS Institute, Inc. failed to establish copyrightability of its alleged software program elements, saying that the ruling “violates copyright law and violates computer It departs from long-established precedents and practices regarding the copyrightability of program,” representing “wide-ranging change.” Also, in a separate dissent filed in late March, she disagreed with the majority decision to uphold Universal Electronics’ patent claims, stating that the claims were obvious. These dissents are classic Newman dissents, do not read as if they were written by a solicitor, show no signs of decay or disorder, and add further intrigue and speculation to what is really going on at Madison Place NW. just add .
