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2w ago

Supreme Court Lets Trump Remove Three CPSC Commissioners

The Supreme Court’s emergency order suspends a Maryland judge’s reinstatement of three CPSC officials; conservative justices advance broader presidential removal authority over independent agencies.

The U.S. Consumer Product Safety Commission in Rockville, Maryland, on Aug. 31, 2020.
A view of the U.S. Supreme Court in Washington, U.S. June 29, 2024. REUTERS/Kevin Mohatt/File Photo
U.S. President Donald Trump (L) greets Chief Justice of the United States John G. Roberts, Jr as he arrives to deliver an address to a joint session of Congress at the U.S. Capitol on March 04, 2025, in Washington, DC.

Overview

  • A 6-3 unsigned order allows President Trump to dismiss Biden-appointed CPSC commissioners while their challenge to unlawful firings proceeds in lower courts.
  • Justices in the conservative majority relied on the court’s May emergency rulings on the NLRB and MSPB to uphold executive removal power over statutory for-cause protections.
  • Chief Justice Roberts joined the majority; Justices Kagan, Sotomayor and Jackson dissented, warning the decision erodes bipartisan oversight and may presage overturning Humphrey’s Executor.
  • Congress created the CPSC in 1972 with staggered seven-year terms and for-cause removal only for neglect or malfeasance; the order leaves the five-member panel without a quorum.
  • The ruling pauses a district court’s reinstatement order and sets up a full Supreme Court review of the president’s removal authority this term.