How the Supreme Court’s Work to ‘Bolster Executive Power at Congress’s Expense’ is Coming Back to Bite

How the Supreme Court’s Work to ‘Bolster Executive Power at Congress’s Expense’ is Coming Back to Bite

Talking Points Memo business

Key Points:

  • President Trump has challenged the nearly century-old legal precedent protecting independent executive agencies by attempting to remove members of several such bodies, including the Federal Reserve Governor Lisa Cook, based on questionable allegations without due process.
  • The Supreme Court is hearing a case on whether Trump can remove Cook from the Federal Reserve, a decision that could either affirm or undermine the independence of the Fed and similar agencies from presidential control.
  • Independent agencies are designed by Congress to be insulated from partisan presidential influence, with members removable only "for cause," a protection upheld since 1935 but increasingly challenged by the current conservative Supreme Court majority favoring expanded executive power.
  • The Court faces a dilemma in the Cook case: either distinguish the Federal Reserve from other independent agencies it