Appeals court weighs emergency bid to sideline Governor Lisa Cook, setting up a collision of Fed independence, presidential accountability, and market stability
Federal Reserve Governor Lisa Cook has asked a U.S. appeals court to reject the Trump administration’s emergency request that could clear the way for her removal ahead of next week’s interest rate decision. The move follows a district court ruling that presidents can dismiss Fed governors only for cause tied to conduct in office, a standard the administration contests as too narrow. The White House argues Cook’s alleged pre-appointment mortgage conduct calls her trustworthiness into question. Cook denies wrongdoing and has sued to block her firing. The appeals court has given the administration until Sunday afternoon to respond.
Independence or impunity
Cook’s lawyers warn that allowing a president to remove a sitting governor without clear cause would end the era of Fed independence. That is a serious concern. But independence cannot become impunity for unelected technocrats. The allegation at issue is specific: that in 2021 Cook claimed two primary residences, potentially securing better mortgage terms. She rejects the charge. The right balance is accountability with due process, not a blank check for either the White House or the central bank.
The clock, the court, and the committee
Timing is the leverage. If the appeals court grants the stay, Cook would be off the board until the case is resolved and would miss the Federal Open Market Committee’s meeting Tuesday and Wednesday. Senate Republicans are also pressing to confirm Stephen Miran to an open seat as early as Monday. Markets largely expect a quarter point cut to roughly 4.1 percent after Chair Jerome Powell flagged softer hiring, even as the Fed keeps one eye on tariff-driven inflation risk and the other on growth. If Cook prevails, the administration could seek emergency relief from the Supreme Court.
Executive power vs technocratic power
Conservatives should resist a central bank that is insulated from any meaningful check, yet they should also insist on clear statutory boundaries. If Congress intended for-cause protection to cover only misconduct while in office, it effectively walled off pre-appointment integrity issues from executive oversight. That is untenable if serious ethical violations are credibly alleged, but it is also risky to markets if the White House tests that limit at the eleventh hour before a rate decision. The principled solution is clarity by statute and a swift evidentiary process, not ad hoc brinkmanship that rattles investors and invites judicial policymaking.
What to watch next
Watch for the administration’s Sunday filing, any immediate order from the appeals court, and whether the Senate moves on Miran Monday. If a stay issues, expect the Fed to proceed without Cook as it weighs a modest cut that has been priced in by borrowers and businesses. If the stay is denied, look for an emergency appeal to the Supreme Court. Markets will parse the rate statement for cues on tariffs, labor softening, and inflation expectations. Economic credibility is a national security asset, and Washington’s next moves should protect it by pairing accountability with stability.