The D.C. Circuit’s Split Decision Sets Up a Supreme Court Showdown That Trump Is Likely to Win
The D.C. Circuit Court of Appeals handed Federal Reserve Governor Lisa Cook a temporary victory Monday night, blocking President Trump from removing her while litigation proceeds. But the 2-1 decision—and particularly Judge Gregory Katsas’s forceful dissent—suggests that any Supreme Court review will likely go the other way.
The majority opinion by Judge Bradley Garcia reads like an exercise in judicial creative writing . It extends civil service employee protections to a principal officer of the United States, creating a constitutional right to hearings before removal that appears nowhere in the Federal Reserve Act. Judge Katsas’s dissent, by contrast, follows the textualist methodology th