Amicus Brief in Support of Certiorari in Newman v. Moore
- Jeffrey Depp
- Apr 21
- 2 min read
Updated: 2h
The Committee for Justice along with the Manhattan Institute joined an amicus brief by the Buckeye Institute urging the Supreme Court to grant certiorari in Newman v. Moore—a case that raises fundamental questions about judicial independence and the Constitution’s separation of powers.
At issue is the Federal Circuit’s decision to strip Judge Pauline Newman of her ability to hear cases through internal disciplinary proceedings conducted under the Judicial Conduct and Disability Act. Although Judge Newman retains her title, she has been effectively barred from performing the core functions of her office. As the amicus brief explains, this amounts to a “de facto impeachment”—a constitutionally impermissible end-run around Article I’s requirement that federal judges may be removed only through impeachment by Congress.
The brief argues that the Constitution’s impeachment process is not optional. It reflects the Framers’ considered judgment that removing a federal judge requires bicameral action, supermajority agreement in the Senate, and public accountability. By contrast, the Federal Circuit’s actions consolidated investigative, prosecutorial, and adjudicative authority within the judiciary itself—bypassing the structural safeguards designed to protect judicial independence.
The amici also highlight a second, independent concern: secrecy. The proceedings against Judge Newman were conducted largely behind closed doors, despite her request for transparency. This lack of openness stands in sharp contrast to the public nature of impeachment proceedings and undermines confidence in the judiciary.
Ultimately, the brief warns that allowing judges to sideline their colleagues indefinitely without impeachment threatens the Constitution’s carefully calibrated balance between the branches. The Supreme Court’s intervention is needed to reaffirm a basic principle: an Article III judge cannot be stripped of the power to judge except through the Constitution’s prescribed impeachment process.
The Committee for Justice, founded in 2002, is a nonprofit that advances the rule of law and constitutionally limited government through advocacy on legal and policy issues. CFJ is proud to support review in this important case to help preserve judicial independence and the structural protections that safeguard individual liberty.
Media Inquiries: Ashley Baker; abaker@committeeforjustice.org
