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The Supreme Court on Wednesday said it could proceed with the firing of three Democrats from the US Consumer Product Safety Commission (CPSC) where President Donald Trump was fired, and later returned to the board’s role.
The majority were on the Trump administration’s side with 6-3 votes for the emergency order, the last of the Supreme Court’s current term. Judges Sonia Sotomayor, Elena Kagan and Judge Ketanji Brown Jackson disagreed.
The Trump administration called on the Supreme Court in early July to continue the decision of a lower court judge in Maryland who was sided with three banished board members, Mary Boyle, Alexander Horn Salic and Richard Tormuka Jr.
The Fourth Circuit refused to grant the request to maintain the Trump administration’s order and settled the way the administration appealed to the Supreme Court.
Appeal Court blocks Trump from firing federal board members and tees the Supreme Court fight
The Supreme Court judge will attend President Trump’s 60th inauguration ceremony at the US Capitol on January 20, 2025. The event was held indoors due to the weather. (The Washington Post via Ricky Carioti/Getty Images)
In filing the emergency with the Supreme Court, U.S. Attorney General D. John Sauer pointed to the court’s decision in another, virtually similar emergency case reviewed by the High Court earlier this year.
Sauer pointed to the de facto similarities that underpin both cases, arguing that the High Court’s urgent decision there “will bring straight control over the case.”
CPSC board members challenged their own concepts in their Supreme Court filings, arguing that removal from CPSC “disturbs the status quo” from institutions dedicated to consumer protection and safety.
They also pointed out the timing of their removal, noting that the Trump administration had not tried to expel them for four months. They argue that the delays they argue do not show urgency and undermine the claims of “irreparable harm,” an important standard for emergency court litigation.
Biden-appointed judge blocks Trump’s attempts to clean his home with a consumer safety agency
CPSC board members Mary Boyle, Alexander Horn Salic and Richard Tulumka Jr. can be seen in this three-way split image. Photos via AP News/Getty Images (AP/Getty)
After the US Court of Appeals in the Fourth Circuit rejected the government’s request to temporarily freeze Maddox’s order, the government appealed it to the Supreme Court.
In his ruling, Maddox said that term design and protection from five members would not “abust” Trump’s executive authority under Article II of the US Constitution.
This case is the latest in a series of challenges centered around Trump’s ability to remove members of an independent board. Like the NLRB and MSPB decisions, it focuses on the 90-year-old Supreme Court decision known as Humphrey’s enforcer, with the court unanimously ruled that the president could not fire independent board members without reason.
The Supreme Court ruled that Trump could fire CPSC board members on July 23, 2025.
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Maddox evoked the uncertainty created by the preliminary attitudes of the NLRB and MSPB cases. This led to the plaintiff being resurrected after both plaintiffs were removed multiple times.
“If the plaintiff was resurrected while the lawsuit was in a preliminary position, the confusion could have caused cases, but the court later refused to give the final verdict and the relief of the plaintiffs subjects and again refused to be dismissed,” Maddox said. “The risk of such confusion is no longer a factor as the court grants permanent injunctive relief as its final judgment.”
In his ruling, Maddox said that term design and protection from five members would not “abust” Trump’s executive authority under Article II of the US Constitution.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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