Less than two months after the Supreme Court ruled against President Donald Trump’s attempt to fire a member of the Federal Reserve Board of Governors — a move that would have allowed him to seize control over the nation’s central bank if it had succeeded — Trump is once again trying to fire the very same member.

Earlier this month, Trump sent a letter to Lisa Cook, a Joe Biden appointee to the Federal Reserve, demanding that she respond to exceedingly flimsy allegations that she committed mortgage fraud. This is the first step in a process that is likely to end in Trump attempting to remove her from the Federal Reserve’s board a second time — which means that the courts will inevitably have to get involved once again.

Cook has until Wednesday to respond to Trump’s allegations.

It’s tempting to blame this bout of déjà vu on Trump, but the Supreme Court is at least as responsible for his actions as the president itself. If the Court didn’t want Trump to thumb its nose at their decision in Trump v. Cook (2026), they should have written that decision clearly enough that lawyers could actually figure out what the president is and is not allowed to do.

This is a perennial issue with the Court’s current majority, which is unusually bad at explaining themselves. They invent bold new doctrines that give them a near-complete veto power over the executive branch, then only apply this doctrine to Democratic presidents. They once handed down an anti-abortion decision that, if taken seriously, would allow any state to nullify literally any constitutional right. Every single one of their Second Amendment decisions are so incoherent that it is impossible for lower court judges to figure out how to apply them.

The Cook decision, which involved Trump’s first attempt to fire Cook, is similarly incomprehensible. It was handed down the same morning as Trump v. Slaughter (2026), which seems to hold that Trump can fire anyone who leads a federal agency. But Cook does not even cite the Slaughter decision, much less explain why the two cases are different.

Slaughter was grounded in the “unitary executive,” a theory shared by all six of the Court’s Republicans which claims that the president must have full control over federal agencies, including the power to fire their leaders — and thus agencies that have some ability to act independently of the president, such as the Federal Reserve, are unconstitutional. Cook suggests that there’s a Federal Reserve exception to this theory, although the opinion does not offer a clear explanation of why this exception exists.

There are very good policy reasons why Trump should not be able to fire Cook, or any other member of the Federal Reserve’s board. The Fed has the power to inject cocaine into the US economy, temporarily giving it a boost at the price of much greater turmoil and higher inflation down the road. If presidents are allowed to fire the Fed’s leaders, they can remove anyone who refuses to give the economy a bump during an election year — boosting the president or his party’s reelection chances, and triggering consequences that won’t be felt until after the election is over.

But the fact that preserving the Fed’s independence from the president is a good idea does not mean that the Constitution permits it. And, in Slaughter and several related cases, the Court’s Republican majority endorsed an interpretation of the Constitution that is completely incompatible with the idea of an independent Federal Reserve.

That means that, until the Court resolves this tension between Slaughter and Cook, there’s likely to be a great deal of confusion about who really controls the Fed — Trump or its current board — and whether Trump may effectively order the Fed to take actions that benefit him, but that could cause lasting harm to the US economy.

The unitary executive, briefly explained

The issue at the heart of Cook was whether the president is able to fire a member of the Federal Reserve.

Federal law provides that the Federal Reserve’s governors may only be fired “for cause,” and not simply because the president does not like them or disagrees with their policy views. The Republican justices have also long argued that Congress is forbidden from limiting the president’s power to fire federal agency leaders, because this would give the president less than full control over the federal government’s executive branch.

These justices point to a line in the Constitution that states that “the executive power shall be vested in a President of the United States of America.” According to the Court’s Republican majority, this means that the president must have full control over any federal agency that wields power that is “executive” in nature, including the power to fire that agency’s leaders for any reason whatsoever. As Justice Antonin Scalia wrote in an influential 1988 dissenting opinion, this constitutional provision “does not mean some of the executive power, but all of the executive power” is held by the president.

There are numerous problems with this unitary executive theory. The biggest one is that, while the Constitution does say that there is something called the “executive power” that belongs to the president, it does not define what this power is, and the Court’s decisions embracing the idea of a unitary executive often rely on dubious historical claims.

But, regardless of whether the unitary executive rests on a sound reading of the Constitution, it is now the law. And Slaughter suggests that this Court’s definition of the term “executive power” is quite expansive. In that case, the Court indicated that any agency leader who “enforces and administers” a federal statute wields “executive” power, and thus must be fireable at will by the president. 

But then, almost immediately after the Court handed down Slaughter, it ruled in Cook that Trump could not fire one of the Fed’s leaders — or, at least, that he could not do so right away. 

The Cook decision is word salad

Under the Republican justices’ definition of which officials wield executive power, and thus must be fireable at will by the president, Cook clearly should qualify. But five justices, the three Democrats plus Chief Justice John Roberts and Justice Brett Kavanaugh, joined a majority opinion by Roberts that, at least, temporarily delayed Trump’s ability to fire Cook. Three other justices took the coward’s way out, arguing in dissent that Trump should win on narrow procedural grounds that would have allowed him to fire Cook, but that also might permit a court to reinstate her at some point in the future.

Only Justice Clarence Thomas seemed to fully embrace the unitary executive theory, in Cook, and with it the idea that firing Cook is well within Trump’s power. 

As Thomas wrote in his dissent, the Federal Reserve enforces or administers numerous federal statutes. It can “change the fees on consumer debit-card transactions,” or “impose monetary penalties, levy assessments, and examine private books and records.” Its power to set interest rates flows from federal statutes requiring it to “promote effectively the goals of maximum employment, stable prices, and moderate long-term interest rates.” 

Thus, if Slaughter is correct that an agency leader who “enforces and administers” a federal statute must be fireable at will by the president, Trump should have the power to fire Cook.

Roberts’s majority opinion doesn’t really make a legal argument. But it does make a couple of  historical and policy claims that point in the direction of allowing an independent Federal Reserve to exist. Roberts begins his opinion with a history of nationally chartered banks, noting that the first such bank “predates even our Constitution “And he alludes to a “‘long tradition’ of ‘monetary policy … exercised independent of … executive influence.’” 

But it’s hard to tell why this tradition matters, at least in a world where every other federal agency is subject to the unitary executive. The Republican justices have previously claimed, for example, that the president must have full control over all federal prosecutions. But historical evidence suggests that, at the founding, prosecutions were often led by private attorneys or by judicial appointees — that is, not by the president or his appointees. So why doesn’t this historical evidence exempt the Justice Department from the unitary executive?

And, if the legal reasoning in Cook is thin, the decision’s actual holding is largely toothless. After laying out his half-baked argument for why the Federal Reserve is unlike any other federal agency, Roberts doesn’t actually write that Trump may not fire Cook. He simply says that “Cook was entitled to notice and some opportunity to respond prior to her termination” — although Roberts also writes that, once Cook has a chance to respond to the allegations against her, “only then can the courts assess the validity and sufficiency of such charges.”

So, by sending a letter to Cook informing her of the allegations against her and giving her a little bit of time to respond, Trump has complied with the Supreme Court’s decision. He will likely then attempt to fire her no matter what she says in response, and then there will be another round of litigation where some poor trial judge will have to “assess the validity and sufficiency” of the allegations against Cook without any guidance from the Supreme Court regarding how strong those allegations must be.

That said, it is likely that when Cook does respond to Trump’s allegations, those allegations will prove quite flimsy indeed. Trump alleges that Cook committed mortgage fraud by claiming two separate properties as her principal residence in bank documents. But Reuters examined those bank documents and discovered that she disclosed to the lender that one of those properties would be used as a vacation home. So it appears that no fraud actually occurred.

Will that be enough for Cook to keep her job? The short answer is “probably” — why would the Supreme Court have handed down such an incoherent opinion in Cook if it intended to apply the unitary executive to her anyway? But the Cook opinion itself offers little guidance to the judges who will need to sort through this mess.

In March, President Donald Trump issued a blatantly illegal executive order claiming that he had the power to unilaterally rewrite US election law. The order threatens prosecutions against state officials who allow certain people to vote, and it also requires states to include several federally mandated design elements in the envelopes that they use to mail ballots to voters. 

On Monday, the Supreme Court’s Republican majority allowed that order to go into effect. All three of the Court’s Democrats dissented.

Yet while the Court’s new decision in Trump v. California is troubling, it’s not necessarily a sign that the justices will permit Trump’s illegal order to take full effect. The Court’s actual holding in California is that two lower federal courts moved too quickly when they blocked the executive order. But California does not opine on whether the order is actually legal.

The Supreme Court’s decision reinstates Trump’s order for now, but there are several active cases challenging this order in the lower courts. So it is likely that a judge will issue a new decision blocking the executive order again very soon.

Still, the Court’s decision to reinstate this order, even temporarily, is likely to confuse state election officials who are racing to prepare for an upcoming election. And the provision threatening prosecutions might deter these officials from doing their jobs until that provision is blocked by another court.

The Court is divided on whether Trump’s threat targeting state elections officials is actually a threat

The case concerns two sections of Trump’s March order, one of which threatens state election officials with prosecution if they allow the wrong people to vote, and the other which appears to be an attempt to sabotage voting by mail during the 2026 midterms.

The first one of these, Section 2, itself contains two provisions, one of which orders the Department of Homeland Security to “compile and transmit to the chief election official of each State a list of individuals confirmed to be United States citizens who will be above the age of 18 at the time of an upcoming Federal election and who maintain a residence in the subject State.”

This simple command to compile a list would be unproblematic, except that the second provision of Section 2 orders the attorney general to prioritize prosecutions against “State and local officials or any others involved in the administration of Federal elections who issue Federal ballots to individuals not eligible to vote in a Federal election.” Thus, when both provisions of Section 2 are read together, they threaten prosecutions against any state official who issues a ballot to a voter whose name does not appear on Trump’s list of approved voters.

Such a threat is unconstitutional, as the Constitution gives states, and not the federal government, the power to decide who may vote in congressional and presidential elections. The justices, however, primarily split on whether to give Trump’s order a hyperliteral reading.

In dissent, Justice Sonia Sotomayor argues the two clauses are clearly connected and she cites a previous Supreme Court decision warning that “[p]eople do not lightly disregard public officers’ thinly veiled threats to institute criminal proceedings against them if they do not come around.” 

But the majority ignores Section 2’s purpose, and instead notes that Trump’s executive order does not explicitly require states to use Trump’s list of approved voters. They also note that the executive order’s call for the Justice Department to prosecute state officials does not include any reference to Trump’s list.

In any event, even the Republican justices do not hold that the Constitution permits Trump to create a list of approved voters and prosecute state officials who depart from that list. Instead, the Republicans hold that it is too soon to block Section 2. DHS must first compile its list of approved voters, or DOJ must actually prosecute someone, before a challenge to Trump’s new policy can proceed.

The effect of the Republican justices’ decision, in other words, is to leave Trump’s threat in place, but also water it down considerably: The Court does state that Trump’s executive order does not actually require states to use Trump’s approved voter list. So that may be a sign that, if Trump actually did try to prosecute someone for allowing someone not on DHS’s list to vote, the justices would reject that prosecution — but for now, there’s little standing in the way of him doing it. 

The rest of the Court’s decision was obsolete the minute it was handed down

The remainder of the Court’s decision deals with Section 3 of Trump’s executive order, which orders the United States Postal Service (USPS) to design an envelope which states must use when they mail ballots to voters. It also forbids USPS from delivering ballots that do not comply with this new design.

The Republican justices conclude that the lower court decisions blocking Section 3 were also premature because, at the time when those courts handed down their decisions, USPS had not yet formally issued a rule that announces the new mandatory envelope design. But USPS issued that rule on Friday. So the Supreme Court’s decision was out of date days before the justices decided it, but that does nothing to change the immediate effect of the decision.

Among other things, the Trump administration’s new rule requires states to mail ballots in envelopes that include several federally mandated design elements, including a mandatory logo and a unique identifier for each voter. If the new rule takes effect, USPS will refuse to deliver any ballots that do not comply with these new, Trump-approved design requirements.

Democrats are significantly more likely to vote by mail than Republicans. So the Trump administration’s new rule is likely to skew the 2026 election towards his political party if it is allowed to take effect.

If Section 3 is eventually allowed to take effect, that will be a catastrophe for US democracy, and may even make it impossible for many states to hold midterm elections. That’s because the states couldn’t possibly have known what specific design requirements the Trump administration would impose on them until USPS issued its rule. Many states have already purchased envelopes that do not comply with the new federal mandate. And it’s not like new envelopes can simply be printed on the fly.

In some states, millions or even tens of millions of voters will vote by mail, which means that, in order to comply with the Trump administration’s new order, these states will somehow need to obtain truckloads of envelopes in time for this November’s election, comply with the considerable procedural requirements laid out in Trump’s order, and distribute these ballots to voters fast enough for them to actually return them by the deadline.

Several US states, moreover, conduct their elections almost entirely by mail. While these states often set up voting centers where voters can also vote in person, these in-person voting centers are merely a backup. And these states are unlikely to have the infrastructure, voting machines, or network of election workers that are required to run an entirely in-person election if mail-in voting fails.

So Trump wants to impose impossible deadlines on many states. But Monday’s decision does not actually hold that it is legal for him to do so. Indeed, the federal judge who initially blocked Trump’s executive order has already signaled that she is likely to block the USPS’s new rule. We will find out if the Supreme Court will allow Trump to sabotage voting by mail after that new decision makes its way back to the justices.

The Trump administration’s legal argument for the new USPS rule is quite thin

Trump’s lawyers only barely make a legal argument in favor of the new rule. After the USPS issued its new rule, Trump’s Justice Department did file a supplemental brief in the Supreme Court arguing that the new rule is lawful. But that brief is only three pages long, and its legal analysis is exceedingly thin. 

As Indira Talwani, one of the judges who blocked Trump’s executive order, noted in her opinion, there is no federal law that explicitly “delegates authority to control mail-in voting to USPS.” So the Trump administration must rely instead on broadly worded statutes that simply state that the Postal Service may deliver mail and take related steps that are necessary to deliver the mail.

One permits USPS to adopt rules “as may be necessary in the execution of its functions.” The other permits it to “provide for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail, and for the disposition of undeliverable mail.”

And, even if these vague statutes could authorize the Trump administration to impose granular restrictions on voting by mail, the fact remains that it is impossible for many states to comply with these restrictions in 2026. Some states, such as North Carolina, are supposed to start mailing ballots at the end of next week.

It would be one thing if Trump tried to impose new envelope design requirements that will take effect in future elections. But there’s simply no time for states to design compliant envelopes, get those designs approved by USPS order dozens of pallets worth of these envelopes, and distribute them to voters in time for the 2026 midterm elections.

So the stakes in this dispute remain quite high. Trump has literally issued an executive order that, if implemented, might prevent many states from holding the midterm elections in the first place. But it is still unclear if this Supreme Court will allow that to happen.