
Image created by ChatGPT of the U.S. Supreme Court building
The Federal Reserve Act states that a member of the Federal Reserve’s Board of Governors “shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless sooner removed for cause by the President.” In August 2025, President Trump attempted to remove Governor Lisa Cook from the Board on the grounds that she had made misrepresentations in a mortgage application in an attempt to secure a lower interest rate. Cook filed suit arguing that, rather than removing her for cause, the president wished to remove her because he disagreed with some of her policy positions. She also argued that she had not been given an opportunity to rebut the accusations against her.
Her lawsuit made its way through the federal courts, eventually reaching the Supreme Court. Today, in a 5 to 4 ruling, the justices sent the case back to a lower court to determine the merit of the accusation against Cook. The majority opinion stated that, “Under the Court’s precedents, Cook was entitled to notice and some opportunity to respond before her termination.”

Image created by ChatGPT of of President Franklin Roosevelt
As we noted in a blog post last year, President Trump’s attempt to fire Governor Cook involved a larger issue. The ability of Congress to limit the president’s power to appoint and remove heads of commissions, agencies, and other bodies in the executive branch of government—such as the Federal Reserve—is not clearly specified in the Constitution. For years, the federal courts had followed the precedent established in the 1935 case of Humphrey’s Executor. In that case, the Court ruled that President Franklin Roosevelt couldn’t remove a member of the Federal Trade Commission (FTC) because in creating the FTC, Congress specified that members could only be removed for cause.
In recent years, the Court has been narrowing the scope of the Humphrey’s Executor ruling. Today, in a case involving President Trump’s attempt to fire a commissioner serving on the Federal Trade Commission (FTC), the Court overturned its ruling in Humphrey’s Executor. Henceforward, president’s will be allowed to fire members of any regulatory commission or other body in the Executive Branch of the federal government without having to establish a cause for the firing.
The Court did not, however, rule today as to whether presidents are allowed to fire members of the Fed’s Board of Governors or whether the Federal Reserve has a special role in the government that requires presidents to remove Governors only for cause. The majority opinion contains a summary of the history of central banks in the United States. That summary seems to indicate that, in fact, a majority of the Court does see the Fed as having a special role in the government. In other words, it seems likely that the government would have to prove that Governor Cook had engaged in significant wrongdoing for her to be removed from office by the president.

Image created by ChatGPT of the Federal Reserve’s headquarters
The majority in this case consisted of Chief Justice John Roberts, Justice Brett Kavanaugh—both of whom were appointed to the Court by Republican presidents—and the three justices who were appointed by Democratic presidents. Three of the other Republican-appointed justices dissented on the grounds that the Court should have waited until the charges against Cook had been resolved in a lower court before ruling. It’s possible that if the case returns to the Supreme Court after questions of fact have been decided in a lower court, one or more of these justices may side with the majority in today’s ruling in holding that members of the Board of Governors cannot be removed from office except for cause. Justice Clarence Thomas—who was also appointed by a Republican president—was the only justice to argue that presidents should be allowed to freely remove members of the Board of Governors. Justice Thomas specifically rejected the argument that the Fed plays a special role in the federal government that differs from the roles played by other agencies such as the FTC: “The Court makes many policy arguments for an ‘independent’ banking agency that exercises executive power free from accountability … but those are ultimately arguments against the Constitution.”










































































































































































































































