Overview

• The court’s unsigned emergency order overturns U.S. District Judge Matthew Maddox’s June ruling that had restored Mary Boyle, Alexander Hoehn-Saric and Richard Trumka Jr. to the five-member commission
• The justices voted 6-3 in favor of the administration’s appeal, with Justices Sotomayor, Kagan and Jackson dissenting
• Solicitor General D. John Sauer urged the high court to hear the case on the merits this fall to clarify the scope of the 1935 Humphrey’s Executor precedent
• Congress created the CPSC in 1972 with seven-year staggered terms and restricted removals to neglect of duty or malfeasance to protect agency independence
• The decision follows May orders allowing interim removals of NLRB and MSPB members and deepens uncertainty over agency quorums and consumer safety enforcement