Several justices expressed concern that the administration’s position could undermine the Federal Reserve’s independence and questioned whether the allegations against Cook satisfied the statute’s “for-cause” removal standard. The court repeatedly emphasized the case’s early posture, noting that lower courts have yet to examine the underlying facts.
Justice Brett Kavanaugh pressed Sauer on the broader implications, warning that eliminating judicial review and lowering the cause threshold would “weaken, if not shatter,” the Fed’s independence. Kavanaugh cautioned that adopting President Trump’s view would allow a future administration to fire all prior appointees, effectively converting for-cause protections into at-will removal, and urged the court to consider the consequences for the government’s structure.