Overview
- The July 2 emergency filing asks the Supreme Court to pause U.S. District Judge Matthew Maddox’s June order reinstating Mary Boyle, Alexander Hoehn-Saric and Richard Trumka Jr. at the Consumer Product Safety Commission.
- A three-judge panel of the 4th U.S. Circuit Court of Appeals declined on July 1 to halt Judge Maddox’s reinstatement order, leaving the Democratic appointees in their roles.
- Solicitor General D. John Sauer cited the high court’s May ruling permitting Trump to fire labor board members and argued that repeated reinstatements “sow chaos and dysfunction” at independent agencies.
- Congress created the CPSC in 1972 with five commissioners serving staggered terms and protected removal for cause only to preserve bipartisan oversight of consumer safety.
- The Supreme Court’s decision on this emergency appeal could determine whether the 1935 Humphrey’s Executor precedent remains intact or gives way to broader presidential removal authority.