Federal judge blocks Trump's firing of Consumer Product Safety
Commission members
[June 14, 2025] By
LEA SKENE
BALTIMORE (AP) — A federal judge has blocked the terminations of three
Democratic members of the Consumer Product Safety Commission after they
were fired by President Donald Trump in his effort to assert more power
over independent federal agencies.
The commission helps protect consumers from dangerous products by
issuing recalls, suing errant companies and more. Trump announced last
month his decision to fire the three Democrats on the five-member
commission. They were serving seven-year terms after being nominated by
President Joe Biden.
After suing the Trump administration last month, the fired commissioners
received a ruling in their favor Friday; it will likely be appealed.
Attorneys for the plaintiffs argued the case was clearcut. Federal
statute states that the president can fire commissioners “for neglect of
duty or malfeasance in office but for no other cause” — allegations that
have not been made against the commissioners in question.
But attorneys for the Trump administration assert that the statute is
unconstitutional because the president’s authority extends to dismissing
federal employees who “exercise significant executive power,” according
to court filings.
U.S. District Judge Matthew Maddox agreed with the plaintiffs, declaring
their dismissals unlawful.
He had previously denied their request for a temporary restraining
order, which would have reinstated them on an interim basis. That
decision came just days after the U.S. Supreme Court’s conservative
majority declined to reinstate board members of two other independent
agencies, endorsing a robust view of presidential power. The court said
that the Constitution appears to give the president the authority to
fire the board members “without cause.” Its three liberal justices
dissented.
In his written opinion filed Friday, Maddox presented a more limited
view of the president’s authority, finding “no constitutional defect” in
the statute that prohibits such terminations. He ordered that the
plaintiffs be allowed to resume their duties as product safety
commissioners.
The ruling adds to a larger ongoing legal battle over a 90-year-old
Supreme Court decision known as Humphrey’s Executor. In that case from
1935, the court unanimously held that presidents cannot fire independent
board members without cause. The decision ushered in an era of powerful
independent federal agencies charged with regulating labor relations,
employment discrimination, the airwaves and much else. But it has long
rankled conservative legal theorists who argue the modern administrative
state gets the Constitution all wrong because such agencies should
answer to the president.
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 During a hearing before Maddox last
week, arguments focused largely on the nature of the Consumer
Product Safety Commission and its powers, specifically whether it
exercises “substantial executive authority.”
Maddox, a Biden nominee, noted the difficulty of cleanly
characterizing such functions. He also noted that Trump was breaking
from precedent by firing the three commissioners, rather than
following the usual process of making his own nominations when the
opportunity arose.
Abigail Stout, an attorney representing the Trump administration,
argued that any restrictions on the president’s removal power would
violate his constitutional authority.
After Trump announced the Democrats’ firings, four Democratic U.S.
senators sent a letter to the president urging him to reverse
course.
“This move compromises the ability of the federal government to
apply data-driven product safety rules to protect Americans
nationwide, away from political influence,” they wrote.
The Consumer Product Safety Commission was created in 1972. Its five
members must maintain a partisan split, with no more than three
representing the president’s party. They serve staggered terms.
That structure ensures that each president has “the opportunity to
influence, but not control,” the commission, attorneys for the
plaintiffs wrote in court filings. They argued the recent
terminations could jeopardize the commission’s independence.
Attorney Nick Sansone, who represents the three commissioners,
praised the ruling Friday.
“Today’s opinion reaffirms that the President is not above the law,”
he said in a statement.
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