A federal district court has denied Judge Pauline Newman's challenge to her suspension from the U.S. Court of Appeals for the Federal Circuit. The Circuit's Chief Judge, Kimberly Moore, suspended Judge Newman due to her alleged physical and cognitive impairment. Judge Newman is 97 and denies the allegations. Reuters reports she plans to appeal.
Whether or not Judge Newman is still fit for judicial service (and whether or not there are legal problems with how Chief Judge Moore has treated her), the episode highlights one potential problem with life tenure: Sometimes judges do not know when to quit.
Some years ago, historian David Garrow wrote an extensive law review article on the subject, "Mental Decrepitude on the U.S. Supreme Court: The Historical Case for a 28th Amendment," in the University of Chicago Law Review. It is a fascinating read. Here is a taste from the introduction:
