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
Whether a District Court's preliminary injunction preventing the removal of a member of the Board of Governors of the Federal Reserve System should remain in effect pending litigation. The Court denied the Government's application for a stay, holding that the respondent was entitled to notice and an opportunity to respond before being removed "for cause" under 12 U.S.C. § 242.
ON APPLICATION FOR STAY · Argued January 21, 2026
Parties — Petitioner: TRUMP, PRESIDENT OF THE UNITED STATES · Respondent: COOK, MEMBER OF THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, et al.
Vote & lineup5–4 on the judgment. Roberts 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.
Who prevailed — The respondent prevailed in that the preliminary injunction preventing her removal from the Board of Governors of the Federal Reserve System remains in effect.
The question

Whether a District Court's preliminary injunction preventing the removal of a member of the Board of Governors of the Federal Reserve System should remain in effect pending litigation. The case specifically addresses whether the President's attempted removal of Governor Cook was "for cause" under 12 U.S.C. § 242. It further considers whether the respondent was entitled to pretermination procedural protections.

Petitioner's argument
  • The President's determination of "cause" is wholly unreviewable because 12 U.S.C. § 242 commits that determination to the President alone.
  • "Cause" sets a low bar, encompassing any concern regarding an official's "conduct, ability, fitness, or competence," as defined in Black's Law Dictionary.
  • Federal courts lack the authority to grant preliminary injunctions ordering reinstatement during the pendency of removal litigation.
  • The respondent received sufficient due process through the President's social media posts and links to news articles regarding alleged mortgage fraud.
Respondent's argument
  • The attempted removal was not "for cause" because the allegations concerned private, pre-office conduct rather than in-office performance.
  • The President failed to comply with statutory and constitutional requirements for notice and an opportunity to respond before termination.
  • "Cause" should be interpreted as a high bar, limited to specific grounds such as inefficiency, neglect of duty, malfeasance, or ineligibility.
The decision
  • The Court denied the application for a stay, meaning the preliminary injunction preventing the respondent's removal remains in effect.
  • It rejected the argument that "cause" determinations are unreviewable, stating that courts must independently interpret 12 U.S.C. § 242 to discern the boundaries of the President's power (*Loper Bright Enterprises v. Raimondo*).
  • The Court held that "cause" is a term of art from common law and must reflect the Federal Reserve's unique historical status and independence, requiring a substantial threshold where the cause assigned truly "impl[ies] an unftness for the place" (*In re Nichols*).
  • It ruled that courts of equity can protect actual incumbents from interference with their functions pending a contest as to their title, provided they have a likely meritorious claim (2 J. High, Law of Injunctions § 1315).
  • The Court found the President failed to provide required procedural protections; under *Reagan v. United States* and *Shurtleff v. United States*, notice and hearing are essential where the term of office is for a fixed period.
  • It specified that minimal process requires "the right to support his allegations by argument however brief, and, if need be, by proof, however informal" (*Londoner v. City and County of Denver*).
  • The Court determined that social media posts are insufficient; the respondent was entitled to an explanation of evidence, a response avenue, and a deadline (cf. *Mullane v. Central Hanover Bank & Trust Co.*).
  • It affirmed that the Federal Reserve's independence is consistent with the Constitution and follows the tradition of the First and Second Banks of the United States.
Separate opinions
Kavanaugh, concurring
  • Argues the ruling only settles procedural ground rules and does not decide if the respondent can ultimately be removed for cause.
  • Asserts that Federal Reserve independence is consistent with Article II and historical practice (*Trump v. Wilcox*).
Jackson, concurring
  • Focuses on equitable factors, arguing the Government failed to show tangible irreparable harm.
  • Argues the public interest in avoiding political manipulation of monetary policy outweighs the President's desire to remove the respondent.
Thomas, dissenting
  • Contends that 12 U.S.C. § 242 is unconstitutional because Article II vests all executive power in the President (*Seila Law*, *Slaughter*).
  • Argues federal courts lack equitable authority to interfere with the removal of public officers (*In re Sawyer*, *White v. Berry*).
Alito, dissenting (joined by Gorsuch)
  • Argues the Court should have used a "light touch" and avoided a comprehensive opinion on an underdeveloped record.
  • Believes the stay should be granted because the District Court erred in its analysis of cause and due process.
Barrett, dissenting
  • Criticizes the Court for deciding waived constitutional issues based on a conclusory analogy to early national banks.
  • Argues the injunction causes irreparable harm by effectively blocking removal for mortgage fraud regardless of process.