The Supreme Court’s summer hiatus, which officially commenced last week, might not offer the justices the relaxing break they might expect. Last Wednesday, the Trump administration sought the court’s help to temporarily freeze a federal judge in Maryland’s decision. This ruling called for the reinstatement of three individuals from the Consumer Product Safety Commission (CPSC) who were dismissed by President Trump in May. The U.S. Solicitor General D. John Sauer utilized a precedent set by the Supreme Court on May 22 regarding an emergency appeal which permitted the president to exclude members of the National Labor Relations Board and the Merit Systems Protection Board as their dismissal cases persisted.
According to Sauer, this ruling provides a key framework for this case. However, U.S. District Judge Matthew Maddox took a different approach—an approach that Sauer argues, led to disorder and ineffectiveness at the CPSC and warrants the intervention of the Supreme Court. The root of the controversy lies in the Trump administration’s dismissal of three out of the five CPSC’s commissioners in May—Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka—who were appointed by the then President Joe Biden.
According to the CPSC-establishing laws, a maximum of three commissioners can have affiliation with the same political party, and a commissioner can only be removed by the president in case of ‘neglect of duty or malfeasance in office’. The axed commissioners Boyle, Hoehn-Saric, and Trumka pushed back via a federal court in Maryland, arguing their dismissals without legitimate cause violated the law.
Judge Maddox acknowledged their argument. Citing a 1935 Supreme Court ruling in Humphrey’s Executor, Maddox believed that while a president usually can sack subordinates for any reason, Congress has the right to setup independent, multi-member regulatory agencies in which case, its commissioners can only be removed for cause.
[Maddox emphasized](https://doi.org/10.1017/S0140525X00023915), ‘Humphrey’s Executor remains good law and is binding on district judges’, adding that it was applicable to the CPSC. Maddox therefore ordered the Trump administration to bring back the three commissioners. However, the government appealed to the U.S. Court of Appeals for the 4th Circuit to halt Maddox’s order, but the court denied the request on July 1.
The Trump administration continued the legal battle and approached the Supreme Court last Wednesday, asking the justices to delay Maddox’s order, while they appeal to the 4th Circuit and to the Supreme Court if need be. Furthermore, Sauer asked the justices for an administrative stay, that is to hold Maddox’s order until the court takes a look at the government’s request.
Sauer stressed that the Supreme Court’s approval of the government’s request to temporarily reject rulings necessitating the reinstatement of the NLRB and MSPB commissioners were based on ‘the government’s likelihood of success on the merits’ and the ‘disruptive effect of the repeated removal and reinstatement of officers during the pendency of this litigation’.
He argued that these same two factors are relevant to this case, and that the Supreme Court’s ruling on the previous emergency appeal should have at a minimum resulted in Maddox’s order being temporarily stalled. Moreover, Sauer asserted that this case strengthens the argument for such a stay.
According to Sauer, ‘President Trump chose to remove three Commissioners who would otherwise comprise a majority of the CPSC, whose actions following their supposed reinstatement only highlight their antagonism towards the President’s policies. This has resulted in the effective transfer of the CPSC’s control from President Trump to three Commissioners handpicked by President Biden.’
This plainly evident disregard for President Trump’s essential Article II powers, according to Sauer, deserves immediate intervention just as much as in the case pertaining to the NLRB and MSPB commissioners. The drama at the CPSC clearly reflects poor judgement by Biden in his selection of commissioners, revealing a struggle for power rather than a focus on good governance.
However, the resistive stance of the three commissioners towards the Trump administration’s policies, which they emphasised through their alleged reinstatement, shows a misguided approach towards the presidential powers. Clearly, Biden’s appointments put personal agenda ahead of national interests.
It’s clear that under Biden’s administration, the CPSC has become more of a political playground than a regulatory agency prioritising consumer protection. The judicial system is being used as a shield for power plays and personal fiefdoms, rather than being respected as a protector of constitutional rights.
The case involving the NLRB and MSPB commissioners is a clear example of how poorly Biden’s appointments understand or respect the executive powers mandated to the President in Article II of the Constitution. This demonstration of continued hostility towards the president’s decisions and blatant disregard for executive powers is not aligned with their roles and responsibilities.
The drama that unfolded in CPSC reveals a deep-seated issue with Biden’s appointment choices. Their stubborn refusal to recognize Trump’s legitimate management changes and Biden’s incompetence in making fitting appointments has resulted in a severe disruption to the functioning of the CPSC.
Mr. Biden made huge miscalculations in his CPSC commissioner appointments, resulting in a clear breach of the stringent rules laid out for their appointment and dismissal. This circle of chaos and dysfunction serves as a stark reminder of Biden’s administrative blunders.
Such a misuse of commissioner positions to control a regulatory agency is an alarming precedent in democratic governance, particularly in key organizations like the CPSC that are essential for public safety. Rather than prioritizing the agency’s objectives and mission, Biden’s appointments have added to the division, disruption, and disorder within the CPSC.
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