Supreme Court Sides With Trump On Firing
Supreme Court Backs Trump’s Power to Remove Biden Appointees—for Now
The U.S. Supreme Court has temporarily allowed former President Donald Trump to remove three Biden-appointed commissioners from the Consumer Product Safety Commission (CPSC) without cause. This decision challenges long-standing protections for independent regulatory agencies and shifts more authority to the executive branch.
A Shift in Presidential Power
The Court’s order undermines the 1935 Humphrey’s Executor precedent, which limited a president’s ability to remove agency officials at will. In that case, the Court ruled that Congress could protect commissioners from dismissal except for misconduct. This new decision suggests a move toward expanding presidential control over independent agencies.
Justices Split Along Ideological Lines
The conservative majority backed the Trump administration, stating: “The Consumer Product Safety Commission exercises executive power in a similar manner as the National Labor Relations Board.” Justice Brett Kavanaugh supported hearing the case in full later this year.
Liberal justices strongly dissented. Justice Elena Kagan warned, “The majority has acted on the emergency docket—with ‘little time, scant briefing, and no argument’—to override Congress’s decisions.” She argued the ruling weakens congressional oversight of regulatory agencies.
Case Background and Next Steps
President Biden’s appointees to the CPSC, which handles product safety standards and recalls, were removed months into Trump’s second term. They sued, citing laws that only allow removal “for cause,” such as neglect or misconduct. A Maryland judge briefly reinstated them, but the Trump administration appealed.
The Supreme Court’s emergency ruling aligns with a May decision allowing Trump to remove other agency officials. However, the justices declined to fully review the case now, leaving long-term questions about presidential removal powers unresolved.