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mahatmakanejeeves

(71,824 posts)
12. In Trump v. Cook, the vote is 5-4. Sotomayor, Kagan, Kavanaugh, and Jackson join the chief justice.
Mon Jun 29, 2026, 10:21 AM
Jun 29


Amy Howe
Mod
10:18 AM
In Trump v. Cook, the vote is 5-4. Sotomayor, Kagan, Kavanaugh, and Jackson join the chief justice.
At issue in this case is the Trump administration’s efforts to fire Lisa Cook, a member of the Federal Reserve’s Board of Governors, based on allegations of mortgage fraud (which she strenuously disputes). The lower courts required Trump to allow Cook to stay at the Fed while litigation continued, and the Supreme Court heard argument in January on whether to pause the lower court’s decision.

At issue in this case is the Trump administration’s efforts to fire Lisa Cook, a member of the Federal Reserve’s Board of Governors, based on allegations of mortgage fraud (which she strenuously disputes). The lower courts required Trump to allow Cook to stay at the Fed while litigation continued, and the Supreme Court heard argument in January on whether to pause the lower court’s decision.
The court today turns down the government's request to pause the lower court's decision -- e.g., Lisa Cook can continue to stay in office while the litigation continues.
Thomas has a dissenting opinion; Alito has a dissenting opinion joined by Gorsuch; Barrett also has a dissenting opinion.

David Lat
Mod
10:20 AM
"To accept any one of [the Trump administration's arguments would in effect transform the Federal Reserve’s for-cause protection into at-will employment—an interpretive leap out of step with the statute Congress enacted and our Nation’s tradition of central banking protected from political interference. We therefore deny the Government’s application."
Amy Howe
Mod
10:20 AM
I was just about to type that, David. Thank you!
David LatMod replied David Lat
10:20 AM
"To accept any one of [the Trump administration's arguments would in effect transform the Federal Reserve’s… more
There should be a closing bracket around "administration's."
Rory K. Little
Mod
10:20 AM
Wild card court here too.
David LatMod replied David Lat
10:21 AM
There should be a closing bracket around "administration's."
The Chief did not mention He Who Must Not Be Named.
Rory K. Little
Mod
10:21 AM
And how we will now separate "
independent" agencies that Congress can define, from others, will not get any easier. That is, if COngress ever starts again to enact careful legislation. Which right now looks doubtful.
Jason Noah
10:21 AM
5
Sorry, y'all, I'm a bit confused. Practically, what does the Slaughter decision mean? Does it allow the president to fire FTC commissioners for any reason?
Amy Howe
Mod
10:21 AM
1
"Having rejected the Government's view that the courts are to play no role in assessing the validity of a Governor's removal, we may decide this application on narrow grounds. No matter the precise definition of cause, or the scope of our review of any such determination, the President failed to afford Cook the procedural protections to which she was entitled by statute."
Rory K. Little
Mod
10:23 AM
So, like immigration? President can do as he pleases, BUT some minimal due process required?
Amy Howe
Mod
10:23 AM
6
From Slaughter -- "To 'discharg[e] the duties of his trust,' the President must have the assistance of officers he can trust. Although it is up to the Senate to decide whether to confirm those with whom the President would prefer to work, neither Congress nor the courts may saddle him with those with whom he cannot work. Subordinates who exercise the President's power are subject to removal by him."
2
We do not yet know about the last opinion day. Roberts is still reading from his opinions, which came from the PIO rubber-banded together.
Rory K. Little
Mod
10:24 AM
6
FDR and Taft are dancing together right now, somewhere....
David Lat
Mod
10:24 AM
4
In terms of their bottom lines at least, Slaughter and Cook came out as many expected. "The Fed is different" carried the day.
Amy Howe
Mod
10:25 AM
5
Roberts is still reading from Slaughter (h/t Chris Geidner).
Rory K. Little
Mod
10:25 AM
1
CA media just waking up. So I have a civilized TV appearance schedule today!
Amy Howe
Mod
10:26 AM
9
There are no more decisions coming today.
David LatMod replied Amy Howe
10:26 AM
1
We do not yet know about the last opinion day. Roberts is still reading from his opinions, which came from the PIO… more
The Chief will let us know when the last day of the Term will be. Otherwise, the Marshal will tell us when the next opinion day is.
Amy Howe
Mod
10:26 AM
1
Justice Sotomayor is reading from her dissent in Slaughter.
Rory K. Little
Mod
10:27 AM
Sotomayor's third oral dissent this Term. Is that a record? At least recently?

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