>The appellate court wanted to explore her fitness to serve. But Judge Newman refused to sit for an exam with experts the court selected. Her lawyer said she wanted to choose her own doctors, who gave her a clean bill of health.
24
Aghast_CornichonMar 29, 2026
+26
I get it that she thinks this is about her dissents and not her capacity, but the fact that she's rejecting a neutral arbiter is the most damning argument that it's about her capacity.
Senior status really is a very cushy job in the Federal judiciary. You get invited to all the luncheons and nobody threatens your kids.
26
Thrown_Account_Mar 29, 2026
+4
> but the fact that she's rejecting a neutral arbiter is the most damning argument that it's about her capacity.
Is it neutral if being selected by those who want her outed?
4
Aghast_CornichonMar 30, 2026
+1
A fair point, especially in a case involving Federal judges and complex law. Maybe "independent" or "professional" are better words to describe a three-physician panel, and "arbiter" should be replaced with "expert".
There is no dispute that she had a heart attack in 2021, and fainted during oral arguments in 2022. The neurosurgeon who [examined her in 2023](https://nclalegal.org/wp-content/uploads/2023/09/Declaration-of-Ted-L.-Rothstein-M.D.pdf) was not her doctor: he's a GWU professor, though very experienced and well-qualified.
I also give some weight to information in the [February 2024 decision upholding her suspension](https://www.uscourts.gov/file/document/ccd-no-23-01-february-7-2024), which said:
>Affidavits prepared after more than 20 interviews with Court staff reflect consistent reports of deeply troubling interactions with Judge Newman that suggest significant mental deterioration including memory loss, confusion, lack of comprehension, paranoia, anger, hostility, and severe agitation. Critically, these reports are not isolated incidents of occasional forgetfulness based on a few interactions with only one or two staffers. To the contrary, they come from interactions with staff members across a broad range of departments from the Clerk’s Office to Information Technology (IT), to Human Resources (HR), to the General Counsel Office, to Judge Newman’s own chambers staff. And contrary to Judge Newman’s assertions, the reports indicate that the behaviors suggesting that Judge Newman may have a disability emerged over two years and increased in frequency and severity. Judge Newman has never specifically disputed any of the staff accounts, many of which are independently substantiated by Judge Newman’s own emails attached as exhibits.
I shouldn't have said that there is no dispute about her heart attack and the stents that were put in afterwards, because she denied to the neurologist that she had received stents after her heart attack. I have some experience with my father adamantly denying that he had diabetes, while I was insisting that he take his insulin.
Yes, it's possible that her colleagues on that court, and the committee on judicial conduct and disability, and several expert doctors, and twenty courthouse staff members are all eager to oust her from the bench because of her powerful and well-reasoned dissents.
Or, she is 98 years old and is not as capable as she once was, even two years ago, to perform the complex and weighty duties of a Federal judge.
1
blunted1Mar 29, 2026
+11
Retire already you old hag! Why do these folks want to hold onto power literally until they are dead? What could you possibly judge, considering you won't be alive much longer??
11
SeductiveSundayMar 29, 2026
-21
I mean the US accepts ugly old men like Grassley or Sanders who apparently treat their jobs in congress as their hobbies. They aren't going to alive much longer so obvious they can't possibly judge anything at this point either.
-21
VarnigmaMar 30, 2026
+2
So her and Trump share the same doctor apparently.
2
AuzziesurferyoMar 29, 2026
+46
If commercial pilots are forced to retire at 62 yrs old due to cognitive concerns and safety, we should have mandatory retirement age for all our civil servants in a position of power over us.
All judges, politicians, senators, congressmen, the US President, etc should all mandatory retire after *at least* 75 yrs, or preferably younger, like commercial pilots.
46
2ndprizeMar 29, 2026
+9
Yeah. This shit needs to end. 75 is a good cap
9
GlyfenMar 29, 2026
+12
I disagree. I think 75 is still too old and would argue for something closer to 60-65. I don't want sitting politicians who won't live long enough to see the consequences of their decisions. Tack on an extra decade of having to deal with what they wrought, at least.
12
2ndprizeMar 29, 2026
+11
So I have a different perspective based on my career. I'm a lawyer in Florida and we have a cap of 75. It was 70 until just recently. The best judges, and really the requirement should be, that they had a decent background in the law before getting elected. If you don't let those folks have a window of meaningful service the only people becoming part of the judiciary will be people trying to get in right away at the minimum requirement. Plus most of judges I've dealt with around 70 are the best ones. They have a great combination of intelligence and experience.
11
kenman345Mar 29, 2026
+2
I think the fear is that we have people in congress and the presidency making changes that affect everyday life when they won’t be around to deal with the consequences. They can money grab like we’ve been seeing and face no repercussions. Our government isn’t a c***** to bankrupt it’s a country.
2
GlyfenMar 29, 2026
+1
I can appreciate the perspective your career gives. It's reassuring to hear from someone who actually interacts with the group we're discussing that there are lawmakers who still have their head screwed on in their advanced age.
My opinion is largely rooted in a generalized observation of our older members of the government. I'm not going to sit here and try to say Biden was anywhere near as braindead as Trump, but watching two old men in their 70's flounder to debate and talk about golf was such an embarrassment.
I'd be inclined to say maybe we give people 60+ annual cognitive evaluation to determine when they need to retire, since everyone naturally declines at different rates, but that opens a door for forcing early retirement for lawmakers who don't vote the way someone like Trump wants.
1
2ndprizeMar 29, 2026
+1
I think you could strike a balance by having a max age and max term solution. Something like 70 or 20 years I'm just picking a number, but the refusal to give up power is part of what is driving this mess.
1
JagmeetSingh2Mar 29, 2026
+3
Yea 75 is way too old should be 60-65 like the rest of regular workers.
3
ClusterFoxtrotMar 29, 2026
+3
I mean, with political winds the way they are, I'm cautious in the moment.
Cannon should be top of mind here-- just because she's younger doesn't mean she's not malicious.
3
lingeringneutrophilMar 29, 2026
+15
I don’t want a 98 year old doctor, teacher or a judge
15
zerocoolforschoolMar 29, 2026
+5
My grandfather lived to 98. Towards the end when I called him we would basically have the same conversation over and over because he couldn’t remember what he had asked me 2 minutes earlier.
The cutoff should be 70.
5
ConditionHoliday2844Mar 29, 2026
+2
SCOTUS: you’re good to go
2
Thrown_Account_Mar 29, 2026
+3
They aren't going to look at this as a case of if a 98 year old can do the job. They will be looking at the case on the grounds do other judges have the right to dictate her remaining as a judge.
22 Comments