I'm John Bachelor with Professor Richard Epstein.

Richard and I are seniors. He's more senior than I am, but not much.

Now, it's inspiring to learn that Judge Pauline Newman and the U.S. Court of Appeals for the Federal Circuit

is active and vivid and what should have to say, determined to continue working, though she is 98 years old, God bless her.

Richard, I do not understand this reasoning.

She has now in no way given an excuse to those who want to remove her from the bench about misconduct,

and yet they're keeping her on ice.

Why are they doing this?

I have to say it probably has to do with internal petty politics.

I don't know Pauline well, but I know her work pretty well.

This is an amazing woman.

She is 98 years old.

She was a scientist beforehand.

I think she graduates from law school, around 1959. I've talked to

many of her former clerk. She's the sharpest attack when she writes his opinion. And in fact,

she's way up there in the distribution in terms of her intellectual capability and curiosity.

What happens is the chief justice there just didn't want her to sit now my view if you want to stop

somebody from sitting what you have to do is show courts and that means you have to say well here

she was sitting on the bench falling asleep here she managed to write an opinion where she got all

the facts wrong something of that particular state to indicate that there's some defect in performance.

And if you could prove that, then I think it's appropriate to say, okay, now we want you to go through the test to see where their function.

There's a famous judge named McComb, and it took forever to get him off the court in California.

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