The Volokh Conspiracy

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SCOTUS To Newman: Drop Dead

The 98-year old life-tenured judge loses her final appeal.

|The Volokh Conspiracy |


This morning, the Supreme Court denied certiorari in Newman v. Moore. For years, I've thought that Chief Judge Moore is simply waiting for Judge Pauline Newman to die. There is no reason why each suspension has to last a year. The Bush appointee is waiting for the Reagan appointee's life tenure to conclude. She even removed Newman from the ridiculous AI video.

Now, alas, the Supreme Court has declined to intervene. Not a single member noted a dissent. They will just wait for this brilliant and capable jurist to expire.

My immediate thought was the famous Daily News headline. Ford to City: Drop Dead.

SCOTUS to Newman: Drop Dead.

What's left? There is a flag for this situation.

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Follow him @JoshMBlackman.