Bloomberg Law SCOTUS Not Likely to Allow Trump to Fire Fed's Lisa Cook
Jan 22, 2026
David Super, a constitutional law professor at Georgetown, analyzes Supreme Court skepticism regarding President Trump's attempt to fire Fed Governor Lisa Cook, emphasizing the importance of Fed independence. Haley Lawrence, Executive Director of the Duke Center for Firearms Law, discusses Hawaii's law on carrying firearms, contrasting it with Second Amendment rights. The conversation dives into the implications of both cases for future legal precedents and the ongoing debate about property versus public carry rights.
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Pre-Appointment Conduct May Not Be 'Cause'
- Cook argued the alleged mortgage issues predated her Fed appointment and thus aren't job-related cause.
- Super noted the for-cause rule is meant to address misconduct while serving, not past conduct already known to Congress.
Stay Decision Hinges On Irreparable Harm
- The immediate question was narrow: should Cook stay in office while lower courts review the firing?
- Justices considered whether Trump showed irreparable harm from her remaining in post.
Court Could Carve Out A Narrow Fed Exception
- The court may craft narrow grounds to preserve the Fed's independence while expanding presidential removal elsewhere.
- Super said several paths exist, including focusing on notice, pre-appointment facts, or lack of presidential injury.