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