Supreme Court Lets Trump Fire Yet More Commissioners Without Cause

The U.S. Supreme Court granted President Donald Trump’s emergency request to fire members of the Consumer Product Safety Commission (CPSC) without cause. The ruling allows Trump to proceed with his purge of three Democratic CPSC commissioners and replace them with appointees of his choosing, despite federal law requiring “neglect of duty or malfeasance” for removal.

In a dissent, Justice Elena Kagan wrote that the decision allows for “the permanent transfer of authority, piece by piece by piece, from one branch of Government to another.”

The court, in a 6-3 vote, blocked a lower court ruling Wednesday that reinstated the fired commissioners, siding with Trump and halting the lower court’s enforcement of statutory protections.

In its ruling, the Court cited a similar decision from May, Trump v. Wilcox, which allowed Trump to remove Democratic members of the National Labor Relations Board. 

“The stay we issued in Wilcox reflected our judgment that the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer,” the Court wrote. “The same is true on the facts presented here.”

Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson,  issued a blistering dissent accusing the majority of upending nearly a century of legal precedent that protects the independence of federal agencies – all without full briefing, oral argument or a decision on the merits. 

“Once again, this Court uses its emergency docket to destroy the independence of an independent agency, as established by Congress,” Kagan wrote.

Kagan mocked the stacking of precedent with no clear rationale, noting that the court’s only justification was its previous order in Wilcox.

“Next time, though, the majority will have two (if still under-reasoned) orders to cite,” Kagan added. “Truly, this is turtles all the way down.”

Anthony Michael Kreis, a law professor at Georgia State University, recently told Democracy Docket that in not offering explanations, the Supreme Court is damaging its own authority. 

“The power of the Court is its judgment. It doesn’t have the power of the purse nor the power of the sword,” Kreis said. “So, when six justices fail to explain the Supreme Court’s rulings and let major changes in the federal government’s structure go forward that appear to be inconsistent with the law, one must ask why?”

The CPSC was designed by Congress to be bipartisan, with five members serving staggered terms. By law, the president cannot remove commissioners without cause and no more than three of the Commissioners can be affiliated with the same political party.

The same structure governs other independent agencies like the Federal Trade Commission, Securities and Exchange Commission and Federal Communications Commission. Trump’s firings — now twice greenlit by the court — appear to break that model. 

The justices did not rule on the case’s legal merits yet. But by staying the lower court’s ruling, the court effectively sided with Trump’s expansive view of executive authority while appeals proceed. 

The case now heads to the 4th U.S. Circuit Court of Appeals, with potential full review by the Supreme Court in the coming term.

Jacob Knutson contributed to this reporting.