Supreme Court has a conference tomorrow, I wonder if they will decide the case Trump v Cook, removal of Lisa Cook from Federal Reserve due to alleged mortgage fraud
Posted on | September 30, 2025 | No Comments
The application for a stay in Trump v. Cook (formally filed as an emergency request by the Trump administration on September 18, 2025, seeking to lift lower court orders blocking President Trump’s removal of Federal Reserve Governor Lisa Cook) follows the Supreme Court’s standard procedures for such emergency relief under Supreme Court Rule 23 and 28 U.S.C. § 2101(f).Who Decides?
- Initial Handling: The application is directed to the Circuit Justice for the U.S. Court of Appeals for the D.C. Circuit, which is Chief Justice John Roberts. He has the authority to act alone in the first instance by granting, denying, or issuing a temporary administrative stay to allow time for full consideration. This is routine for emergency applications, as it enables quick action without immediately convening the full Court.
- Full Court Involvement: If Roberts does not resolve it unilaterally (e.g., via a simple endorsement or in-chambers opinion), he typically refers it to the full Supreme Court (all nine Justices) for a vote. A stay requires at least five votes to grant. Given the high-profile nature of this case—involving presidential removal power, Federal Reserve independence, and potential market disruption—Roberts is likely to refer it to the full Court rather than deciding alone, as he has done in similar recent Trump-related emergency applications (e.g., those involving FTC Commissioner Rebecca Slaughter).
- Precedent and Practice: In politically sensitive or precedent-setting stay requests, the full Court often decides after briefings from both sides, as seen here (Cook’s opposition was filed on September 25, 2025). Justices rarely explain their votes in stay orders, but dissents may be noted.
When Will It Be Decided?
- Timeline: No fixed date is set, as the Court handles these on an expedited but flexible schedule. However:
- The next scheduled Justices’ Conferences are Wednesday, October 1, 2025 (afternoon) and Friday, October 3, 2025 (afternoon), where the full Court could consider it if referred.
- An order could issue as early as October 1 (post-conference), potentially the same day if urgency is emphasized. In fast-moving cases, the Court has acted within days of full briefings (e.g., Cook’s response was filed September 25).
- If an administrative stay is needed immediately, Roberts could issue one unilaterally before the conference, but none has been reported as of September 30, 2025.
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