Washington, D.C. — In an unsigned brief order yesterday, the U.S. Supreme Court allowed the Trump Administration to proceed with the removal of the three Democratic commissioners of the Consumer Product Safety Commission (CPSC) while legal challenges continue in lower courts.  

Congress created the CPSC, an independent agency of five bipartisan commissioners, in 1972 to prevent the unreasonable risk of injury or death from consumer products. The CPSC has jurisdiction over thousands of household products, including toys, cribs, furniture, appliances, and electronics. The CPSC issues recalls and plays a critical role at U.S. ports of entry, inspecting potentially dangerous imported products.  

The dispute centers on the scope of presidential authority to remove members of independent federal agencies. Statutory language states that CPSC commissioners cannot be removed at will except for neglect of duty or malfeasance in office. This provision provides a degree of insultation so that commissioners are not removed for political reasons. Despite this clear statutory language, however, the Trump Administration removed the three Democratic commissioners without cause. The affected commissioners challenged their removal in federal court and were temporarily reinstated by the U.S. District Judge Matthew J. Maddox on June 13, 2025. On July 1, 2025, the U.S. Court of Appeals for the Fourth Circuit denied the Administration’s request to stay the reinstatement order.   

“Despite clear statutory protections against such removal, the Supreme Court’s decision allows the President to fire our nation’s product safety watchdogs without cause,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. “Speak with any parent who has lost a child — or any American who has been maimed — by a dangerous product, and they will tell you there is nothing political about product safety. This decision threatens to replace evidence-based safety with partisan loyalty. American families, especially American children deserve a strong, independent CPSC.” 

While the order temporarily resolves the immediate question over the three commissioners’ status, the underlying legal challenge continues. The case has implications for the balance of power between the executive branch and independent agencies, which were designed to operate away from immediate political pressures.