The concurrence noted that the government did not dispute that it failed to provide Cook even minimal process.
The D.C. Circuit, in a brief per curiam order, denied the Trump administration’s motion to stay a federal district court order that reinstated Federal Reserve Governor Dr. Lisa D. Cook, who President Trump had purported to remove from office for “cause” on August 25. The appeals court found that the government failed to satisfy “the stringent requirements for a stay pending appeal” under Nken v. Holder, 556 U.S. 418, 434 (2009). Judge Garcia, joined by Judge Childs, concurred, and Judge Katsas dissented (Cook v. Trump, No. 25-5326 (D.C. Cir. Sept. 15, 2025)).
Decision below. On September 9, a federal district court in D.C. granted Cook a preliminary injunction in her suit challenging Trump’s decision to remove her from office. Cook, the district court found, “made a strong showing that her purported removal was done in violation of the Federal Reserve Act’s ‘for cause’ provision,” the best reading of which is that the bases for removal of a Federal Reserve Governor are “limited to grounds concerning a Governor’s behavior in office” rather than, as in Cook’s case, alleged conduct that “occurred before they began in office.” In addition, the district court found that the removal likely violated Cook’s procedural rights under the Fifth Amendment’s Due Process Clause.
Stay pending appeal and administrative stay denied. The President moved for an emergency stay...
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