The ruling comes on the same day the Senate voted along party lines to approve Trump’s economic adviser Stephen Miran’s nomination for the Federal Reserve board.
Key Facts
In a 2-1 ruling, the U.S. Court of Appeals for the District of Columbia Circuit upheld a lower court’s decision allowing Cook to continue serving in her role while her legal challenge against the attempted removal proceeds.
The ruling means Cook will likely be able to attend the Federal Reserve’s two-day meeting, unless the Trump administration asks the Supreme Court to intervene.
Writing the concurring opinion, Biden appointee Judge Bradley Garcia noted that granting the government’s emergency request to allow for her removal would “upend, not preserve, the status quo” as it could “introduce the possibility of ‘the disruptive effect of the repeated removal and reinstatement’ of Cook during this litigation”
The judge then added: “Given that Cook has a property interest in her position, she is entitled to ‘some kind’ of process before removal,” adding that even the Trump administration did not dispute the fact that “it provided Cook no meaningful notice or opportunity to respond to the allegations against her.
