Supreme Court Grants President Trump Authority to Remove CPSC Appointees, Redefining Executive Power

The Supreme Court today delivered a significant ruling, temporarily allowing President Trump to dismiss, without cause, appointees made by the previous administration to the Consumer Product Safety Commission (CPSC). This decision marks a pivotal moment, further eroding a nearly century-old legal precedent designed to safeguard the independence of federal regulatory agencies.

The Court’s order stated that the CPSC exercises executive power akin to the National Labor Relations Board, distinguishing it from past protections. While the ruling is temporary, it directly challenges the 1935 Humphrey’s Executor precedent, which has historically limited a president’s ability to remove agency officials at will, requiring grounds such as malfeasance.

The Court’s three liberal justices, Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson, issued a strong dissent. Justice Kagan criticized the majority for using the emergency docket—a fast-track process with limited scrutiny—to override congressional intent regarding agency structure, warning of a gradual shift of authority from the legislative to the executive branch.

This legal battle began after President Trump, upon taking office, moved to remove three CPSC members appointed by the Biden administration in 2021. The commissioners sued, arguing their positions, central to product safety standards and recalls, were protected by law, allowing removal only for neglect or malfeasance. The Trump administration countered that the president’s executive authority allowed for “at will” removals of officials exercising substantial executive power. A lower court had previously issued a temporary block, reinstating the commissioners, but the Supreme Court’s latest action reshapes the landscape of this ongoing dispute.

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