The Federal Circuit Judicial Council should never have kept review of the Judge Newman complaint to itself, and even as it contemplates whether it should keep the keys away from Judge Newman, Congress should instead take the keys away from the Council.
Justice Gorsuch did not participate in the case, likely because he had participated in earlier litigation involving Glossip while serving as a judge on the Tenth Circuit.
These judges are subject to the “good behavior” clause, yet the current statutory interpretation shields them from accountability.