We’ve been anticipating a decision from the U.S. Supreme Court in the Lisa Cook case, and now we have it…sort of. In a brief order issued Tuesday morning, the high court deferred ruling on the Trump administration’s application for stay and, instead, set the case for oral argument in January.
How We Got Here
In late August, President Trump removed Cook from her role as a Federal Reserve Board Governor, citing a recent criminal referral for potential mortgage fraud as his rationale for doing so.
Cook promptly filed suit in D.C. District Court, and Judge Jia Cobb granted Cook’s motion for preliminary injunction on September 9.
The administration appealed that injunction to the D.C. Circuit Court of Appeals, which denied the administration’s motion to stay the injunction pending appeal.
So the administration then filed an application for stay of the district court injunction with the Supreme Court, asking for both an administrative (temporary) stay and for a stay pending appeal. Given the high court’s recent orders granting first an administrative stay and then a stay pending appeal in the case brought by FTC Commissioner Rebecca Slaughter over her removal, there was reason to expect they may do the same as to Cook.
Instead, they opted to defer their decision and set the case for oral argument in January. (Oral argument in Slaughter v. Trump is set for December.)
What Comes Next?
As noted, the Supreme Court will hear oral argument in Cook’s case in January. We don’t yet know what specific issues they’ll look to the parties to address in their briefing or how quickly they’ll rule on the matter. (Nor do we know what, if anything, will come from the criminal referral.) So, for now, Cook will retain her position.
As always, RedState will continue to follow the case and provide updates as warranted.
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