The United States Supreme Court has ruled that President Donald Trump can remove three Democratic members of a consumer safety watchdog, delivering him a victory in his efforts to concentrate more executive power.
The court’s decision permits Trump to dismiss three members of the Consumer Product Safety Commission appointed by his Democratic predecessor, former President Joe Biden. This ruling overturns a lower court decision that had blocked Trump from removing them, determining he had exceeded his authority.
Mary Boyle, Alexander Hoehn-Saric and Richard Trumka Jr had filed suit against the Trump administration in May after being terminated from the Consumer Product Safety Commission, an independent body established by Congress. Their seven-year terms were scheduled to expire in 2025, 2027 and 2028, respectively.
In their lawsuit, the commissioners argued that Trump had overstepped his presidential powers by firing them without cause. A 90-year-old Supreme Court precedent called Humphrey’s Executor established that presidents cannot fire members of independent boards without providing legitimate justification.
The commission members also contended that their dismissal would deprive the public of essential expertise and oversight.
The Department of Justice, however, maintained that preventing the president from firing executive branch members undermines his constitutional authority. The Justice Department noted that even independent agencies like the Consumer Product Safety Commission operate under the executive branch.
The Trump administration initially faced a setback on July 2, when US District Judge Matthew Maddox issued an order blocking the dismissal of the three Democratic appointees while their case proceeded.
However, Trump’s Justice Department filed an emergency appeal to the Supreme Court, whose conservative majority supported the president in a brief, unsigned order. The majority determined that the government faced greater harm by allowing dismissed employees to remain in the executive branch than by removing them, even wrongfully, while court cases proceeded.
The court’s three liberal justices issued a dissent condemning the ruling as undermining the separation of powers. Justice Elena Kagan emphasized that the Consumer Product Safety Commission was created by Congress and reports to both the legislature and the president.
“By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence,” Kagan wrote.
She added that Wednesday’s decision represented part of a series of rulings constituting “an increase of executive power at the expense of legislative authority.”
The Trump administration has pursued greater control over federal agencies created and funded by Congress, often employing expansive interpretations of presidential powers. The Supreme Court, with its six conservative members, has generally ruled favorably on such efforts.
In a similar May case, the court allowed Trump to remove Democratic members of the National Labor Relations Board and the Merit Systems Protection Board while their cases proceeded.
The Supreme Court also ruled earlier this month that the Trump administration’s efforts to restructure the Department of Education through extensive firings could proceed.
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