Supreme Court Approves Firing of 3 CPSC Members

Supreme Court Allows Trump Administration to Remove CPSC Members

The U.S. Supreme Court has allowed the Trump administration to remove three members of the Consumer Product Safety Commission (CPSC) as a case involving their dismissal continues through the courts. This decision comes in response to an emergency appeal, with the conservative-dominated court supporting the administration's actions.

The ruling was issued in a 6-3 decision, aligning along ideological lines. The case involved Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr., who were nominated by President Joe Biden and confirmed by the U.S. Senate. The court’s majority opinion did not include a signed opinion, but it referenced an earlier 6-3 order that permitted the dismissal of two independent labor boards in the case Trump vs. Wilcox, specifically the National Labor Relations Board and the Merit Systems Protection Board.

In its decision, the court stated that while its interim orders are not final judgments, they guide how courts should exercise equitable discretion in similar cases. The court emphasized that the risk of harm from allowing a removed officer to continue exercising executive power outweighs the potential harm to the officer if they are unable to perform their duties. This reasoning applied to the CPSC, which exercises executive power in a manner similar to the National Labor Relations Board.

The order is currently stayed pending a decision from the Fourth Circuit Court of Appeals, based in Richmond, Virginia. On July 1, a three-judge panel rejected Trump’s request for an administrative stay pending appeal. The appeals court noted that Congress lawfully constrained the President’s removal authority, and no court has found this constraint unconstitutional.

District Judge Matthew Maddox, appointed by President Joe Biden, ruled on June 13 that Trump’s removal of the commissioners was unlawful and blocked it. In his decision, he highlighted the severe impairment to the CPSC’s ability to fulfill its statutory mandates and protect public safety. He argued that the hardship caused by the removal significantly outweighed any potential hardship to the defendants.

The terms of the five members of the CPSC are staggered to overlap during presidencies. Boyle’s term was set to end in October 2024 after filling a vacancy in 2022, while Hoehn-Saric and Trumka’s terms would end in 2027 and 2028, respectively. Currently, the board operates with a two-member quorum, which is allowed for six months.

The remaining members of the commission include Acting Chairman Peter Feldman, appointed by Trump during his first term, and Republican Douglas Dziak, appointed by Biden in 2024. Solicitor General D. John Sauer argued in a court ruling that Judge Maddox’s decision has caused “chaos and dysfunction” at the agency.

In May, the three commissioners were notified that their positions were terminated immediately. A president can legally only remove a commissioner for neglect of duty or malfeasance. The court has allowed the termination of employees as the cases proceed through the courts.

Lower court judges have relied on a 1935 decision called Humphrey’s Executor vs. United States regarding mass firings. The Supreme Court has indicated it will act on this matter.

On July 14, the justices allowed the Trump administration to fire half of the Education Department. Trump wants the agency abolished, and the court has not yet ruled on that decision, which requires a vote by the U.S. Senate.

The CPSC, created in 1972, is responsible for protecting consumers from dangerous products, including issuing safety standards and recalls. Senator Amy Klobuchar, a Democrat representing Minnesota, criticized the decision, emphasizing the CPSC’s long-standing role in keeping Americans safe. She highlighted the commission’s critical work, such as banning lead paint, ensuring electronics are not fire hazards, and making swimming pools safe for children.

Klobuchar added that by firing the three Democratic commissioners, the President has undermined the independent structure of the Commission and its critical work—and the Supreme Court is letting it happen.