Trump v. Cook · ¶44

The law does not require such a result. The very treatise upon which the Government and JUSTICE THOMAS rely, in fact, rebuts their argument. At least as a historical matter, as the Government and JUSTICE THOMAS explain, courts of equity would “not interfere by injunction to determine questions concerning the appointment of public officers or their title to office.” Application 33 (quoting 2 J. High, Law of Injunctions §1312, p. 863 (2d ed. 1880) (High)); post, at 30 (THOMAS, J., dissenting) (same). But such courts “frequently recognize[d] and protect[ed] the possession of officers de facto, . . . pending a litigation” at law “to determine their title.” 2 High §1315, at 866. Put another way, a court of equity would not and could not finally determine whether a plaintiff was validly removed—that was a question only a court of law could settle (again, historically) by quo war ranto or…

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