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Trump Administration Seeks High Court Stay to Oust CPSC Commissioners

Arguing that a lower court’s order restoring three Democratic commissioners has disrupted agency operations, the Justice Department seeks a temporary stay pending full Supreme Court review.

A general view of the U.S. Supreme Court in Washington, D.C., U.S., June 18, 2025. REUTERS/Kevin Mohatt/File Photo
Signage is seen outside of the U.S. Consumer Product Safety Commission in Rockville, Md., August 31, 2020.
President Donald Trump speaks to the media before walking across the South Lawn of the White House to board Marine One en route to Joint Base Andrews, Md., and on to Florida, Tuesday, July 1, 2025, in Washington. (AP Photo/Mark Schiefelbein)
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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.