BREAKING: The U.S. Supreme Court on Wednesday morning issued an order that allows Lisa Cook to remain as a Federal Reserve Board Governor for now.

The court scheduled oral arguments for January on the Justice Department’s request to allow President Donald Trump's purported firing of Cook to take effect during litigation.

Over the summer, the Supreme Court described in a shadow docket order related to another of Trump’s firings how the majority viewed the Fed as different — likely trying to avert a moment like this. But, as with every line Trump faces, he insisted on crossing it, purporting to fire Cook, which led to the lawsuit at issue.

Although the Supreme Court’s majority has allowed Trump’s other firings to go into effect during litigation, it did not do so — for now — as to Cook. Notably, by how it handled the request, it did not yet reject DOJ’s request, it put it off for argument in 2026. At the same time, DOJ also sought an immediate administrative stay and, by not issuing or even ruling on that with Wednesday’s order, it is effectively — albeit silently — denying it.

Last week, I wrote at Law Dork about how DOJ knows to slow-walk the bad cases.

This is an example of the Supreme Court knowing how to do so as well. This is (1) scheduling arguments (2) for months from now (3) on a stay application (4) in litigation that is yet to be heard at the appeals court.

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