I have often written about situations where Judge Pauline Newman’s position is opposed to those taken by other judges on the Federal Circuit. But today we go a step further, by actually filing a lawsuit: Newman v. Moore. The defendant is Chief Judge Kimberly Moore along with Judge Sharon Prost, Judge Richard Taranto, and the Judicial Council of the Federal Circuit.
The lawsuit stems from the move by the Chief along with other members of the court to forcibly remove Judge Newman from office pursuant to the Judicial Conduct and Disability Act of 1980. Of course, the Constitution indicates that impeachment is the process for removing a Federal Judge, not some internal process, even if authorized by Congress.
The lawsuit asks for the Act to be held unconstitutional; any ongoing proceedings held unconstitutional; declare any secrecy order on Judge Newman to be a violation of her rights; etc. The complaint also reveals some previously unreported allegations.
Read it here: NewmanVMooreComplaint
It is almost as if Judge Newman doesn’t trust the Federal Circuit to act in a fair and honest fashion
I don’t blame her
It’s a fun to contemplate a “Pelican Brief” style scenario. Unfortunately, as important as I think patents and trademarks are, I sort of doubt they rate that kind of extraordinary action. But what else might? Maybe the Court’s federal personnel jurisdiction (e.g., inevitable challenge to future Schedule F reforms?) Or maybe the Court’s international trade jurisdiction (e.g., challenge to CBDC?? bitcoin??)
chat filter resubmit
It’s a fun to contemplate a “Pelican Brief” style conspiracy. But, as important as I think patents are, I sort of doubt they rate that kind of extraordinary action. But what would? Maybe the Court’s international trade jurisdiction (“Chy-na”)? Or maybe its federal personnel jurisdiction (FBI/CIA)??
“Judge Newman has not been assigned to sit on any panels of the Court for the May, June, and July 2023 sittings, despite repeatedly requesting such assignments.”
Seems like this is the key part of the complaint.
Dear Congress,
Judge Giles Rich has been in a demented delirium for ten years and is being fed through a tube for the last five. Can you please impeach him? Sorry to be a pest while you hold the country hostage with this fake thing you call a “debt ceiling”, but, well, rule of law and all that. Thanks!
the Constitution indicates that impeachment is the process for removing a Federal Judge, not some internal process
Along with many other all-time classic tragedy/comedy moments on this blog, this one is preserved for history.
Suicide pacts, my friends, are usually not well-considered. This one doesn’t even rise to that level.
Yeah, there is more to say here than my overbroad one liner.
It happens.
You know what else happens?
Here’s a hint:
What are the chances of:
a) Malcolm has read any of the linked filing?
b) Malcolm understands any of the arguments (or nine pages of the statement of facts)?
Separately, the number of sealed documents is tantalizing.
How much more is there to say on that particular topic? It is genuinely accurate that the Constitution does not permit Judge Newman to be removed by any means other than impeachment in the House and removal by two thirds of the Senate. Your post above is accurate in all material respects. I would hardly call it “overbroad.”
+1
+2
Why hide the “n” hyperlink to the Noah article?
Is it because you recognize that you are indulging yourself with non-patent law items?
“it raises the gnawing fear — articulated or not — that the civilized world of laws and police and the courts is just a veneer, a thin wrapping that will soon be ripped off to expose the monstrous primal world beneath, an anarchy where our only protection is the law of kin and clan. A world of them against us, in the streets, to the death.”
Holy sht bros, I didn’t even know that.
“This ever-present fear presents an especially difficult challenge for a very diverse society like the United States.”
Very interesting hypothesis, I wonder why the people in the 1960’s decided to super charge that? And why social scientists don’t constantly tell us about this, rather than standard lefty talking points?
“Because of the lurking fear of intercommunal violence, interracial murders, assaults, rapes, and so on tend to get broadcast and politically weaponized in a way that violence between people of the same race doesn’t. The more diverse society becomes, the more such incidents there will be to feed our fears, whether they’re random or systematic.”
That is an interesting hypothesis.
“One way people try to deal with this is to look at the aggregate statistics. Are “they” killing more of “us”, or are “we” killing more of “them”?”
An interesting hypothesis. I wonder why we don’t hear more about this from the muh social sciences crowd? Not enough evidence? Or is this a ground-breaking novel hypothesis?
Interesting rest of the article as well as the site.
In any event, Newman will win.
Man that dudes blog is entirely 100000% based on a whole gaggle of actually important topics. I don’t agree with all he has to say, but he has a great take on a very large array of issues. He strikes me as being likely a very based 150+ IQ individual of broad exposure. Just very impressive. Journalism by someone that isn’t your standard half-wit under-exposed idealogical zealot journalism student. It is literally a pleasure to read an actual intellectual take on these seeming hundreds of issues not filtered through an editorial staff.
Translation:
I like him because he agrees with me.
No more. No less.
I think I probably agree with him more than he agrees with me. And he is probably more stereotypically “progressive” than I am, to be sure. Although he still thinks that the mainstream progresiveism can be saved/salvaged from itself. Spoiler, it can’t, and it isn’t worth spending your life on trying, the whole thing is shot through with millions of leftyta rds that are dedicated to their own particular leftytar dism. Which is truly a shame. He also believes that progressives are actually about “doing something real” when most of them are unquestionably not, tho they fancy themselves as being that way. They’re about seeking alternate status (good boy points in society) and living the illusion of actually doing something real that is “good”. Even if that is being performed for their own internal state. All this is one contributing factor as to why so few of their projects work out even half well. But he is very eloquent in laying out those problems in other posts, though he somehow thinks this situation can be redeemed, and presumably within 30-40 years. Him and Jimmy Dore. It’s a ridiculous fantasy.
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