An American federal judge, 97 years old, who was suspended from work by an appeals court last year, filed a lawsuit on Tuesday in an attempt to return to work, but she has not given up, stating that she will appeal the ruling.

Judge Pauline Newman was suspended due to allegations of unfitness related to cognitive and physical decline associated with her age, according to Reuters.

Judge Newman challenged her suspension decision made by the U.S. Court of Appeals for the Federal Circuit, a court that focuses on patents, trademarks, and some other issues, in a lawsuit claiming that a law enacted in 1980 called the "Judicial Conduct and Disability Act," which outlines the process for removing judges, is unconstitutional.

U.S. District Judge Christopher Cooper rejected Newman's lawsuit, which claimed that the law violates her constitutionally guaranteed due process rights.

Her attorney Greg Dolan told Reuters that Newman will appeal the ruling.