Separation of Powers and Courts

At oral arguments Wednesday, multiple Supreme Court justices appeared skeptical of the Trump administration’s claim that a president’s “for‑cause” decision to fire a Federal Reserve governor is wholly unreviewable, with several justices — including conservative Justice Brett Kavanaugh — warning such a rule would undercut 112 years of Fed independence and the Court signaling it is likely to keep Lisa Cook in her seat for now. The administration says it had “cause” based on alleged pre‑appointment mortgage misrepresentations Cook denies and for which she has not been charged; Fed Chair Jerome Powell (who will attend the arguments) and four former Fed chairs, Treasury secretaries and other economists filed warnings about the economic and credibility risks, while recent DOJ subpoenas relating to Powell have complicated the optics of the dispute.