Trump, President of the United States v. Cook, Member of the Board of Governors of the Federal Reserve System, et al.
No. 25A312 · Decided June 29, 2026 · Application for stay denied
The Court must decide whether a District Court's preliminary injunction preventing the removal of a Federal Reserve Governor should remain in effect pending the conclusion of litigation. The Court denied the petitioner's application for a stay, meaning the preliminary injunction remains in effect.
Vote & lineupRoberts delivered the opinion of the Court, joined by Sotomayor, Kagan, Kavanaugh, Jackson (5). Dissent(s): Thomas; Alito (joined by Gorsuch); Barrett. Concurrence(s): Kavanaugh, Jackson.
The question
The Court must decide whether a District Court's preliminary injunction preventing the removal of a Federal Reserve Governor should remain in effect pending the conclusion of litigation. The dispute centers on whether the President's attempt to fire Governor Cook was "for cause" as required by 12 U. S. C. §242. Additionally, the Court considers whether the President failed to provide the pretermination process required by statute and the Constitution.
Petitioner's argument
The petitioner sought a stay of the injunction to finalize the removal of the respondent. He argued that the determination of "cause" under 12 U. S. C. §242 is wholly unreviewable by the courts. He further contended that "cause" is a low bar satisfied by any concerns regarding a Governor's "conduct, ability, fitness, or competence," and that courts cannot order reinstatement during pending litigation.
Respondent's argument
The respondent sought to maintain the preliminary injunction to prevent her removal from office. She argued that "cause" is a high bar limited to specific categories like inefficiency, neglect of duty, or malfeasance, and that her private, pre-office conduct does not qualify. She further alleged that the petitioner failed to comply with the statutory and constitutional requirements for notice and an opportunity to respond before termination.
The decision
The Court denied the petitioner's application for a stay, meaning the preliminary injunction remains in effect. The Court held that the determination of "cause" under 12 U. S. C. §242 is judicially reviewable, citing *Loper Bright Enterprises v. Raimondo* and *State ex rel. Hart v. Common Council of City of Duluth*. It reasoned that "cause" must be a substantial threshold reflecting the Federal Reserve's unique historical independence, citing *In re Nichols* to ensure removal is not a pretext for a "more congenial" replacement. The Court rejected the claim that equity bars preliminary injunctions for reinstatement, relying on *2 J. High, Law of Injunctions* to protect incumbents pending a title contest. Crucially, the Court decided the case on the narrow ground that the petitioner failed to provide the respondent with required procedural protections. Citing *Reagan v. United States* and *Shurtleff v. United States*, the Court held that "notice and hearing are essential" when an officer serves a fixed term. The Court noted that the respondent was entitled to the right to support her allegations by "argument however brief" and "proof, however informal," per *Londoner v. City and County of Denver*. The Court found the petitioner's social media posts insufficient to satisfy these requirements, as they lacked a clear account of charges or a deadline for response. Regarding constitutionality, the Court found the Federal Reserve's structure consistent with the tradition of the First and Second Banks of the United States. The Court concluded that the for-cause protection is necessary to prevent political interference in monetary policy, citing *Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.*.
Dissent summary
Justice Thomas argued that the removal restriction is unconstitutional under Article II because the President may remove subordinates who exercise executive power at will, citing *Seila Law LLC v. Consumer Financial Protection Bureau* and *Trump v. Slaughter*. He further contended that the respondent lacked a congressionally-created right of action to sue, citing *Alexander v. Sandoval*. Justice Alito, joined by Justice Gorsuch, and Justice Barrett also dissented, primarily arguing that the Court should not have issued a comprehensive opinion on an underdeveloped record or decided waived constitutional issues.