In a dramatic decision shaking the foundation of federal regulatory independence, the U.S. Supreme Court ruled Wednesday that former President Donald Trump had the authority to fire three members of the Consumer Product Safety Commission (CPSC)—despite a federal judge’s ruling to the contrary.
The high court granted Trump’s emergency request to stay a Maryland judge’s order mandating the reinstatement of CPSC Commissioners Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr., all appointed by President Joe Biden. The commissioners had been serving terms extending through 2025, 2027, and 2028, respectively, when they were abruptly dismissed without cause.
Echoes of “Wilcox” as Court Sidesteps Landmark Precedent
The unsigned ruling echoed the Court’s prior decision in Trump v. Wilcox, in which justices blocked the reinstatement of members from the National Labor Relations Board and the Merit System Protection Board. Once again, the justices leaned into the notion that allowing a removed officer to wield executive power poses a greater constitutional risk than wrongly removing them.
“This case does not otherwise differ from Wilcox in any pertinent respect,” the majority wrote, setting a clear precedent for how similar disputes might be handled going forward.
However, liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson strongly dissented. Writing for the trio, Justice Kagan accused the conservative majority of “effectively expunging” the foundational Humphrey’s Executor precedent—without full argument, briefing, or transparency.
