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The Herald Scotland
6 days ago
- Politics
- The Herald Scotland
Supreme Court lets Trump fire Consumer Product Safety panel members
"Once again, this Court uses its emergency docket to de-stroy the independence of an independent agency, as estab-lished by Congress," Justice Elena Kagan wrote. "By means of such actions, this Court may facilitate the permanent transfer of authority, piece by piece by piece, from one branch of Government to another." The five-member regulatory commission, created by Congress in 1972, aims to keep people from being injured or killed by defective or harmful products. Commissioners are appointed by the president and confirmed by the Senate in staggered seven-year terms to protect them from political or industry pressure and to protect the agency from abrupt changes in composition. By law, commissioners can be removed only for "neglect of duty or malfeasance in office." But, in May, Trump fired without cause the three members appointed by President Joe Biden: Mary Boyle, Alexander Hoehn-Saric and Richard Trumka Jr. A federal judge in Maryland ordered the commissioners reinstated, saying the threat to public safety from removing them outweighed any hardship the administration might suffer from keeping them on while the firings are being challenged. In his June ruling, U.S. District Judge Matthew Maddox also said the product safety commission is similar in structure and function to another independent agency that was the center of a landmark 1935 ruling - Humphrey's Executor v. U.S. - limiting the ability of the president to remove independent agency officials. "Humphrey's Executor remains good law and is binding on this Court," Maddox wrote. But the Trump administration said Maddox instead should've taken his cue from the Supreme Court's May decision allowing the president to fire Democratic members of two federal labor boards while the former members challenge their dismissals. The product safety commission is now effectively controlled by Biden's appointees even though Trump is president, lawyers for the government said in a filing. Decisions made by the commissioners who are "hostile" to Trump's agenda have "thrown the agency into chaos and have put agency staff in the untenable position of deciding which Commissioners' directives to follow," the Justice Department said. Attorneys for the three commissioners appointed by Biden reminded the Supreme Court that the justices twice in the past year declined to review appeals court decisions that upheld restrictions on the president's ability to remove Consumer Product Safety Commission members without cause. And Maddox, the district judge, noted that the term of one of the three Biden appointees expires in October, giving Trump the chance to appoint her successor and to "exert significant influence over the agency."
Chicago Tribune
7 days ago
- Politics
- Chicago Tribune
Supreme Court allows Trump to remove 3 Democrats on the Consumer Product Safety Commission
WASHINGTON — The Supreme Court on Wednesday allowed the Trump administration to remove three Democratic members of the Consumer Product Safety Commission, who had been fired by President Donald Trump and then reinstated by a federal judge. The justices acted on an emergency appeal from the Justice Department, which argued that the agency is under Trump's control and the president is free to remove commissioners without cause. That's what Trump did in May, providing no reason for removing all three Democratic commissioners on the five-person board, despite a federal law that allows commissioners to be fired only for 'neglect of duty or malfeasance.' The court provided a brief, unsigned explanation that the case is similar to earlier ones in which it allowed Trump to fire board members of other independent agencies, whom Congress protected from arbitrary dismissals. The three liberal justices dissented. 'By means of such actions, this Court may facilitate the permanent transfer of authority, piece by piece by piece, from one branch of Government to another,' Justice Elena Kagan wrote for herself, as well as Justices Sonia Sotomayor and Ketanji Brown Jackson. The commission helps protect consumers from dangerous products by issuing recalls, suing errant companies and more. The fired commissioners had been serving seven-year terms after being nominated by President Joe Biden. U.S. District Judge Matthew Maddox in Baltimore ruled in June that the dismissals were unlawful. Maddox sought to distinguish the commission's role from those of other agencies where the Supreme Court has allowed firings to go forward. A month earlier, the high court's conservative majority declined to reinstate members of the National Labor Relations Board and the Merit Systems Protection Board, finding that the Constitution appears to give the president the authority to fire the board members 'without cause.' The administration has argued that all the agencies are under Trump's control as the head of the executive branch. Maddox, a Biden nominee, noted that it can be difficult to characterize the product safety commission's functions as purely executive. The fight over the president's power to fire could prompt the court to consider overturning a 90-year-old Supreme Court decision known as Humphrey's Executor. In that case from 1935, the court unanimously held that presidents cannot fire independent board members without cause. The decision ushered in an era of powerful independent federal agencies charged with regulating labor relations, employment discrimination, the airwaves and much else. But it has long rankled conservative legal theorists who argue the modern administrative state gets the Constitution all wrong because such agencies should answer to the president. Kagan wrote that the court already has 'all but overturned Humphrey's Executor.' Other removals are making their way to the high court, including the firing of a member of the Federal Trade Commission, the very agency at issue in Humphrey's Executor. Last week, a federal judge ordered Rebecca Slaughter reinstated as a commissioner. Slaughter returned to work Friday. By Tuesday, she had been sidelined again after an appeals court temporarily blocked the judge's order. The Consumer Product Safety Commission was created in 1972. Its five members must maintain a partisan split, with no more than three representing the president's party. They serve staggered terms. That structure ensures that each president has 'the opportunity to influence, but not control,' the commission, attorneys for the fired commissioners wrote in court filings. They argued the recent terminations could jeopardize the commission's independence.
USA Today
7 days ago
- Politics
- USA Today
Supreme Court hands Trump a win on Consumer Product Safety Commission firings
WASHINGTON – President Donald Trump can fire three Democratic members of the Consumer Product Safety Commission for now the Supreme Court said on July 23 in the latest decision boosting the ability of the president to control independent agencies. The ruling was made over the objections of the court's three liberal justices. 'Once again, this Court uses its emergency docket to destroy the independence of an independent agency, as established by Congress,' Justice Elena Kagan wrote. "By means of such actions, this Court may facilitate the permanent transfer of authority, piece by piece by piece, from one branch of Government to another." The five-member regulatory commission, created by Congress in 1972, aims to keep people from being injured or killed by defective or harmful products. Commissioners are appointed by the president and confirmed by the Senate in staggered seven-year terms to protect them from political or industry pressure and to protect the agency from abrupt changes in composition. By law, commissioners can be removed only for 'neglect of duty or malfeasance in office.' But, in May, Trump fired without cause the three members appointed by President Joe Biden: Mary Boyle, Alexander Hoehn-Saric and Richard Trumka Jr. A federal judge in Maryland ordered the commissioners reinstated, saying the threat to public safety from removing them outweighed any hardship the administration might suffer from keeping them on while the firings are being challenged. In his June ruling, U.S. District Judge Matthew Maddox also said the product safety commission is similar in structure and function to another independent agency that was the center of a landmark 1935 ruling − Humphrey's Executor v. U.S. − limiting the ability of the president to remove independent agency officials. 'Humphrey's Executor remains good law and is binding on this Court,' Maddox wrote. But the Trump administration said Maddox instead should've taken his cue from the Supreme Court's May decision allowing the president to fire Democratic members of two federal labor boards while the former members challenge their dismissals. The product safety commission is now effectively controlled by Biden's appointees even though Trump is president, lawyers for the government said in a filing. Decisions made by the commissioners who are 'hostile' to Trump's agenda have 'thrown the agency into chaos and have put agency staff in the untenable position of deciding which Commissioners' directives to follow,' the Justice Department said. Attorneys for the three commissioners appointed by Biden reminded the Supreme Court that the justices twice in the past year declined to review appeals court decisions that upheld restrictions on the president's ability to remove Consumer Product Safety Commission members without cause. And Maddox, the district judge, noted that the term of one of the three Biden appointees expires in October, giving Trump the chance to appoint her successor and to 'exert significant influence over the agency.'
Boston Globe
7 days ago
- Politics
- Boston Globe
Supreme Court allows Trump to remove 3 Democrats on the Consumer Product Safety Commission
The commission helps protect consumers from dangerous products by issuing recalls, suing errant companies and more. Trump fired the three Democrats on the five-member commission in May. They were serving seven-year terms after being nominated by President Joe Biden. U.S. District Judge Matthew Maddox in Baltimore ruled in June that the dismissals were unlawful. Maddox sought to distinguish the commission's role from those of other agencies where the Supreme Court has allowed firings to go forward. Advertisement A month earlier, the high court's conservative majority declined to reinstate members of the National Labor Relations Board and the Merit Systems Protection Board, finding that the Constitution appears to give the president the authority to fire the board members 'without cause.' The three liberal justices dissented. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up The administration has argued that all the agencies are under Trump's control as the head of the executive branch. Maddox, a Biden nominee, noted that it can be difficult to characterize the product safety commission's functions as purely executive. The fight over the president's power to fire could prompt the court to consider overturning a 90-year-old Supreme Court decision known as Humphrey's Executor. In that case from 1935, the court unanimously held that presidents cannot fire independent board members without cause. Advertisement The decision ushered in an era of powerful independent federal agencies charged with regulating labor relations, employment discrimination, the airwaves and much else. But it has long rankled conservative legal theorists who argue the modern administrative state gets the Constitution all wrong because such agencies should answer to the president. The Consumer Product Safety Commission was created in 1972. Its five members must maintain a partisan split, with no more than three representing the president's party. They serve staggered terms. That structure ensures that each president has 'the opportunity to influence, but not control,' the commission, attorneys for the fired commissioners wrote in court filings. They argued the recent terminations could jeopardize the commission's independence.
Winnipeg Free Press
7 days ago
- Business
- Winnipeg Free Press
Supreme Court allows Trump to remove 3 Democrats on the Consumer Product Safety Commission
WASHINGTON (AP) — The Supreme Court on Wednesday allowed the Trump administration to remove three Democratic members of the Consumer Product Safety Commission, who had been fired by President Donald Trump and then reinstated by a federal judge. The justices acted on an emergency appeal from the Justice Department, which argued that the agency is under Trump's control and the president is free to remove commissioners without cause. The three liberal justices dissented. The commission helps protect consumers from dangerous products by issuing recalls, suing errant companies and more. Trump fired the three Democrats on the five-member commission in May. They were serving seven-year terms after being nominated by President Joe Biden. U.S. District Judge Matthew Maddox in Baltimore ruled in June that the dismissals were unlawful. Maddox sought to distinguish the commission's role from those of other agencies where the Supreme Court has allowed firings to go forward. A month earlier, the high court's conservative majority declined to reinstate members of the National Labor Relations Board and the Merit Systems Protection Board, finding that the Constitution appears to give the president the authority to fire the board members 'without cause.' The three liberal justices dissented. The administration has argued that all the agencies are under Trump's control as the head of the executive branch. Maddox, a Biden nominee, noted that it can be difficult to characterize the product safety commission's functions as purely executive. Monday Mornings The latest local business news and a lookahead to the coming week. The fight over the president's power to fire could prompt the court to consider overturning a 90-year-old Supreme Court decision known as Humphrey's Executor. In that case from 1935, the court unanimously held that presidents cannot fire independent board members without cause. The decision ushered in an era of powerful independent federal agencies charged with regulating labor relations, employment discrimination, the airwaves and much else. But it has long rankled conservative legal theorists who argue the modern administrative state gets the Constitution all wrong because such agencies should answer to the president. The Consumer Product Safety Commission was created in 1972. Its five members must maintain a partisan split, with no more than three representing the president's party. They serve staggered terms. That structure ensures that each president has 'the opportunity to influence, but not control,' the commission, attorneys for the fired commissioners wrote in court filings. They argued the recent terminations could jeopardize the commission's independence. ___
