Trump v. Cook · ¶43

Even if the determination of cause is judicially reviewable and the definition of cause imposes a substantial threshold, the Government (joined by JUSTICE THOMAS) contends that federal courts cannot grant a preliminary injunction ordering reinstatement during the pendency of litigation. On their view, all that a court may do is wait, and perhaps award backpay later—even if the President fires a member of the Board for an absurd reason, or no reason, and even if the court holds that he broke the law in doing so. See Application 31–32; post, at 30–31 (THOMAS, J., dissenting).

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