The Supreme Court has issued a stay allowing former President Donald Trump to remove three Democratic members of the Consumer Product Safety Commission (CPSC) without cause. This decision follows a lower court order that sought to prevent these dismissals. The justices’ order, handed down last Wednesday, greenlights the immediate termination of commissioners Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr., whom Trump had previously removed in May as part of broader federal government restructuring efforts. This removal aligns with the Court’s rationale in Trump v. Wilcox, a case that permitted similar actions at the National Labor Relations Board.
The commissioners had launched a lawsuit in a Maryland federal court, asserting that federal statutes necessitate dismissal solely for “neglect of duty or malfeasance in office.” Despite their arguments, a district judge had temporarily blocked their removals in June.
Established by Congress in 1972, the CPSC is charged with setting safety standards for a wide range of consumer goods, from toys to appliances. Commissioners traditionally hold staggered seven-year terms and have historically been safeguarded against arbitrary removal, ensuring the agency’s independence from political coercion. This recent action by the Supreme Court marks a strengthening of presidential removal power, echoing previous decisions that have affected other independent agencies this year.
Justice Brett Kavanaugh, in a concurrence, expressed that the Court should have fully reviewed the case due to the considerable constitutional questions involved. In contrast, Justice Elena Kagan, with Justices Sonia Sotomayor and Ketanji Brown Jackson dissenting, criticized the decision. Kagan contended that the majority effectively dismantled the 1935 precedent set by Humphrey’s Executor v. United States, which affirmed Congress’s right to establish independent entities.
Justice Kagan stressed, “Once again, this Court uses its emergency docket to destroy the independence of an independent agency, as established by Congress.” This reflects ongoing tensions regarding the Court’s expanding role in shaping the balance of power between the executive branch and independent regulatory bodies.