DOJ filed emergency SCOTUS petition to remove Federal Reserve Governor Lisa Cook, challenging independent-agency firing protections
On September 18, 2025, Solicitor General D. John Sauer filed an emergency application with the U.S. Supreme Court seeking to lift lower-court injunctions blocking President Trump's August 25 firing of Federal Reserve Board Governor Lisa Cook. Two courts had found Cook likely to succeed on the merits, ruling that the Federal Reserve Act's "for cause" removal protection shielded her position. The DOJ argued the injunctions were "untenable" and asked the Court to intervene before the Federal Open Market Committee's scheduled September meeting.
Actors
- Donald Trump (President)
- D. John Sauer (U.S. Solicitor General)
- U.S. Department of Justice
On September 18, 2025, U.S. Solicitor General D. John Sauer filed an emergency application with the Supreme Court of the United States seeking to lift injunctions that had blocked President Trump's removal of Federal Reserve Board Governor Lisa Cook. Trump had fired Cook on August 25 without stating cause; U.S. District Judge Jia Cobb issued a preliminary injunction on September 9 finding Cook had shown a "strong showing" that her firing violated the Federal Reserve Act's "for cause" removal protection. On September 15, the U.S. Court of Appeals for the D.C. Circuit rejected the administration's emergency appeal 2-1, finding Cook was likely to succeed on her due-process claim.
The Federal Reserve Act limits the president's authority to remove board governors to instances of "for cause" — a protection Congress enacted to shield the central bank's monetary policy decisions from presidential political pressure. The DOJ's emergency petition argued that allowing a sitting governor to remain in office "against the president's wishes" was "untenable and would wreak havoc on sensitive presidential decision-making." The petition was filed with explicit urgency: the Solicitor General sought action before the Federal Open Market Committee's scheduled September meeting, underscoring the administration's objective of influencing near-term interest-rate decisions.
The administration escalated to the Supreme Court — after two courts rejected the argument on the merits — asserting the right to fire an independent agency official in defiance of a statutory protection Congress designed specifically to prevent this form of political interference. The emergency framing, timed to a specific FOMC meeting, makes visible the administration's goal: not merely to prevail on legal principle, but to control monetary policy before a particular decision was made.
Why we recorded this
The Federal Reserve Act grants board governors protection from removal except "for cause" — a statutory independence guarantee designed to insulate U.S. monetary policy from political manipulation. When the Trump administration filed an emergency Supreme Court application after two federal courts blocked Lisa Cook's firing, it was asserting that the president may remove independent agency officials at will, regardless of Congress's explicit statutory protection.
Sources
- Trump asks Supreme Court to let him fire Lisa Cook from Federal Reserve — CNN primary accessed June 22, 2026
- Federal Reserve governor asks Supreme Court to prevent Trump from removing her — SCOTUSblog secondary accessed June 22, 2026
See also
- Trump fired Federal Reserve Governor Lisa Cook, citing FHFA director's pretextual mortgage fraud allegation
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- Trump signed fourth consecutive executive order directing DOJ not to enforce PAFACA TikTok divestment law, extending unilateral statutory suspension through December
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