Amicus With Dahlia Lithwick | Law, justice, and the courts Preview: Fed Up
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Jan 21, 2026 In a riveting discussion, co-hosts dive into the contentious Supreme Court case surrounding Trump's firing of Fed governor Lisa Cook. They explore the perilous implications of undermining the Fed's independence on the economy, highlighting how legal arguments fell short of factual bases. The tone of oral arguments reflects more emotional tension than legal clarity, raising questions about due process. With Trump's social media post triggering Cook's dismissal, they dissect the legal stakes and the absurdity of using a tweet as a formal notice.
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Court Pulled Into A Fact-Free Case
- The Supreme Court heard Trump v. Cook on a shadow docket with minimal facts or record, forcing justices into a fact-free legal exercise.
- Dahlia Lithwick and Mark Joseph Stern frame the case as law made from presidential feelings rather than evidence.
Trump's Rapid Purge Of Officials
- After returning to the White House, Donald Trump quickly fired many holdover officials across agencies to expand removal power.
- He then attempted to remove Federal Reserve governor Lisa Cook, alleging mortgage fraud via a Truth Social post.
Fed Governors Protected By Statute
- The Federal Reserve statute limits presidential removal of governors to "for cause," creating a legal barrier to Cook's immediate ouster.
- Lower courts sided with Cook and the Supreme Court temporarily blocked her removal, signaling distinct treatment from other agencies.