Supreme Court’s Kavanaugh: Trump position on firing Cook could ‘shatter’ Fed independence

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While there is no specific timeline for a ruling in the case, many experts believe it may be in March or April before the high court issues a decision.

Fed is the exception

Despite the Supreme Court largely rubber-stamping most of Trump’s agenda through the first year of his second term, many legal experts thought this case might be one where he would run into a roadblock.

Kenneth Katkin (pictured top), law professor at Northern Kentucky University’s Chase College of Law, said Trump has been able to fire others without the Supreme Court stepping in. However, the Cook case was different.

“There are several cases, of which hers is just one,” Katkin told Mortgage Professional America. There are several cases about whether the President can fire different kinds of commissioners in different agencies of the government that have statutory job protection. The Fed is one. There’s one from the Federal Trade Commission, there’s one from the Merit Systems Protection Board, and there’s one from the National Labor Relations Board.

“And Trump went ahead and tried to fire all those people, and in every single case, the lower court said that the firing was illegal. But in three out of four of those cases, the Supreme Court intervened and said, ‘Well, we’re going to take this case, but in the meanwhile, until we can hear the case, we’re going to let Trump’s firing stand. So these people have to go.’ But they said the opposite in the Federal Reserve case.”

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