US President Donald Trump appeared on course for a setback at America's top court on Wednesday over his unprecedented move to fire a central bank governor. Supreme Court justices from the left and right asked why they should speed through such an impactful decision, citing concerns about process and implications for central bank independence and the wider economy. Trump in August said he was removing Federal Reserve governor Lisa Cook, accusing her of engaging in mortgage fraud, which she has denied. Cook has argued she did not receive due process to dispute those claims, which Fed defenders say were a pretext to allow Trump to assert more control over the bank.
Justice Brett Kavanaugh, a conservative who was appointed by Trump, was among the justices to express sympathy with Cook's arguments, asking: What's the fear of more process here? He later warned the administration's interpretation of the law would weaken, if not shatter, the independence of the Federal Reserve.
By law, a president can only remove governors of the Federal Reserve for cause. This requirement was enacted to protect the central bank from political pressure. The White House contends that it has met this standard by accusing Cook of filing mortgage forms that claimed two different principal residences at the same time. The Trump administration has sought permission from the court to allow the president to remove Cook, a move that lower courts had previously blocked.
Cook has categorically denied committing any fraud, and her lawyers criticized the accusations, stating they were based on selective and incomplete information. Advocates for Cook argued she deserved an opportunity to defend herself, as Congress intended to provide protections through the for cause standard.
The stakes are high, with Trump's administration seeking more aggressive policies from the Fed to stimulate economic growth amidst ongoing evaluations of the Fed's independence. Several justices, including conservatives, expressed hesitance about allowing Cook’s removal without thorough judicial review. Justice Sonia Sotomayor emphasized the importance of the Fed's independence and due process in making a decision that significantly impacts its operation.
Justice Brett Kavanaugh, a conservative who was appointed by Trump, was among the justices to express sympathy with Cook's arguments, asking: What's the fear of more process here? He later warned the administration's interpretation of the law would weaken, if not shatter, the independence of the Federal Reserve.
By law, a president can only remove governors of the Federal Reserve for cause. This requirement was enacted to protect the central bank from political pressure. The White House contends that it has met this standard by accusing Cook of filing mortgage forms that claimed two different principal residences at the same time. The Trump administration has sought permission from the court to allow the president to remove Cook, a move that lower courts had previously blocked.
Cook has categorically denied committing any fraud, and her lawyers criticized the accusations, stating they were based on selective and incomplete information. Advocates for Cook argued she deserved an opportunity to defend herself, as Congress intended to provide protections through the for cause standard.
The stakes are high, with Trump's administration seeking more aggressive policies from the Fed to stimulate economic growth amidst ongoing evaluations of the Fed's independence. Several justices, including conservatives, expressed hesitance about allowing Cook’s removal without thorough judicial review. Justice Sonia Sotomayor emphasized the importance of the Fed's independence and due process in making a decision that significantly impacts its operation.
