Judicial Review of Presidential Action After Trump v. Cook: A Critical Analysis
By
Adrian Vermeule
Summary
The article analyzes the Supreme Court's decision in Trump v. Cook, which denied the President's application for interim relief against the reinstatement of Lisa Cook to the Federal Reserve Board of Governors. The author finds the decision legally puzzling and potentially far-reaching, arguing that it raises and hastily resolves fundamental questions about judicial review of presidential action while leaving other equally important issues unaddressed. The piece warns that the ruling may create uncertainty and mischief for years to come, extending well beyond the immediate context of the case.
Source
Key quotes
· 3 pulledThe more I look at the decision, the stranger it appears.
It looks to be one of those decisions that may well be productive of great uncertainty and indeed mischief for years to come, well beyond the immediate context of the case.
The majority opinion raises and hastily resolves, or at least gestures at resolving, a number of fundamental questions about judicial review of presidential action, while silently leaving other equally important issues unaddressed.
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