BURSTThe Justice Department asked the Supreme Court on Wednesday to allow President Trump to fire three Democratic appointees at the Consumer Product Safety Commission (CPSC).
It’s the administration’s latest emergency bid at the high court to greenlight the president’s efforts to remake agencies that have traditionally operated with a degree of independence from the White House.
In May, the Supreme Court issued an emergency ruling paving the way for Trump to fire leaders at the National Labor Relations Board and Merit Systems Protection Board as litigation proceeds.
Court watchers took it as the latest sign that the justices are prepared to overrule its precedent that for decades has allowed certain independent agency leaders to be protected from termination without cause.
Solicitor General D. John Sauer told the justices that the district judge overseeing the CPSC case “chose a different path” when he weeks later blocked Trump’s CPSC firings.
Arguing that the ruling has “sown chaos and dysfunction,” Sauer told the justices they should not only issue an emergency ruling, but they should also go ahead and take up the issue in full for their next term.
“This Court should step in to stop lower courts from treating Wilcox like the proverbial excursion ticket—good for one day and trip only,” Sauer wrote, referring to the earlier case.
It marks the Trump administration’s 20th emergency appeal at the high court since taking office.
Trump purported to fire the three commissioners appointed by former President Biden, Mary Boyle, Alexander Hoehn-Saric and Richard Trumka Jr., in May despite federal law protecting them from removal without cause
Represented by consumer advocacy group Public Citizen, the commissioners soon sued.
U.S. District Judge Matthew Maddox, a Biden appointee who serves in Baltimore, agreed their terminations were unlawful and blocked them in a ruling last month.
The administration’s effort at the highest court comes after a three-judge panel on the 4th U.S. Circuit Court of Appeals on Tuesday declined to halt Maddox’ ruling.
“The district court’s order effectively transfers control of the CPSC from President Trump to three Commissioners who had been appointed by President Biden,” Sauer wrote.