In an important development since our June 24, 2025 article, on July 1, 2025, the Fourth Circuit Court of Appeals denied the Trump administration’s motion to stay a district court’s decision reinstating three Democratic commissioners to the Consumer Product Safety Commission (CPSC). Immediately after the Fourth Circuit’s decision, the Department of Justice (DOJ) submitted an emergency appeal to the U.S. Supreme Court, asking the highest court to issue a stay of the district court’s order and once again remove the commissioners while the Fourth Circuit considers the merits of the Administration’s appeal, a process that could take many months. The Administration also asks the Supreme Court to construe its application as a petition for a writ of certiorari before judgment to address 1) the constitutional question of the President’s removal authority, and 2) whether the district court exceeded its authority by ordering the three terminated commissioners to be reinstated.
The ultimate Supreme Court decision should address the larger constitutional issue of the President’s authority to fire officers of independent federal agencies who statutorily can only be terminated for cause. Read the full article here.