The Senate Can Stop Fed Packing
On Wednesday, the Supreme Court heard arguments in Trump v. Cook, the case testing whether President Trump can fire Federal Reserve Governor Lisa Cook based on allegations of mortgage fraud. Justice Brett Kavanaugh expressed concern that granting the president too much deference in removal decisions would effectively create at-will firing authority, rendering the Federal Reserve Act’s “for cause” requirement meaningless.
But Kavanaugh’s worry overlooks the law’s actual check on presidential abuse: the Senate confirmation process.
The “for cause” standard isn’t meaningless simply because courts should defer to the president’s stated reasons for removal. The requirement serves a crucial function by instructing the president that Fed governors cannot be removed over policy disagreements. The president must identify cause
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