A U.S. appeals court declined on Monday to allow Donald Trump to fire Federal Reserve Governor Lisa Cook.
Reuters reports that the decision by the U.S. Court of Appeals for the District of Columbia Circuit means that the administration only has hours to appeal to the U.S. Supreme Court if it hopes to block Cook from attending the Fed’s policy meeting on Tuesday and Wednesday, where it is expected to cut U.S. interest rates to shore up a cooling labor market.
The D.C. Circuit denied the Justice Department’s request to put on hold a judge’s order temporarily blocking the Republican president from removing Cook, an appointee of Democratic former President Joe Biden.
The decision was 2-1, with Circuit Judges Bradley Garcia and J. Michelle Childs in the majority, both of whom were appointed by President Joe Biden. Circuit Judge Gregory Katsas, a Trump appointee, dissented.
In an opinion joined by Childs, Garcia wrote that Cook is likely to prevail on her claim that she has been denied due process in violation of the U.S. Constitution’s Fifth Amendment.
“Before this court, the government does not dispute that it provided Cook no meaningful notice or opportunity to respond to the allegations against her,” the judge wrote.
The Fed, which had no comment on the ruling, has not made any legal arguments in the case. It has asked the courts for a swift resolution of the matter, and has said it will abide by any court ruling.
