WASHINGTON, DC—The Supreme Court on Wednesday granted an emergency request from the Justice Department, allowing the removal of Consumer Product Safety Commission (CPSC) agency leaders who had been fired without cause, and later reinstated. Earlier this month, the Fourth Circuit had permitted the reinstated Commissioners to continue serving while the appeals process played out. Yesterday’s decision allows the removal of the Commissioners to proceed while legal challenges continue, raising serious concerns about the CPSC’s independence and bipartisan structure.
“The Supreme Court’s decision to allow these firings undermines Congress’ authority and puts the public at serious risk,” said Oriene Shin, Manger of Safety Advocacy for Consumer Reports. “For years, the agency’s bipartisan leadership has taken strong actions that put consumers’ safety first in a rapidly evolving marketplace. The CPSC must be able to carry out its mission independently, for our families, who will suffer the consequences of a more dangerous marketplace. Congress should act quickly to defend the rule of law and support these Commissioners in keeping their lawfully held roles.”
Established by Congress in 1972, the CPSC was designed to be “[a]n independent regulatory commission … consisting of five Commissioners who shall be appointed by the President, by and with the advice and consent of the Senate” where “[n]ot more than three of the Commissioners shall be affiliated with the same political party.” Commissioners “may be removed by the President for neglect of duty or malfeasance in office but for no other cause.”
Earlier this week, 121 organizations—including the National Consumers League, Consumer Federation of America, and Consumer Reports—sent a letter to congressional leaders calling on Congress to preserve an independent, bipartisan CPSC and ensure the agency has the appropriate tools, resources, and personnel to carry out its life-saving mission. The 121 stakeholders also argue that transferring the CPSC to HHS would impede the nation’s ability to regulate the safety of consumer products. A video of victims’ parents advocating to protect the CPSC can be found HERE.