The commission is managed by Congress,
The Supreme Court supported the authority of the Executive Branch in granting the emergency request from President Trump’s administration to remove members of the Consumer Product Safety Commission. The commission is an independent agency with five members that is managed by Congress. The group sets the safety standards for over 15,000 products sold in the U.S. Members of the commission can only be removed if they demonstrate a “neglect of duty or malfeasance” while in office.
After President Donald Trump moved to fire the three commissioners in May, a lawsuit was filed. A lower court blocked their removal, saying that the president could not fire the commissioners without cause. The Justice Department filed an emergency appeal with the Supreme Court to overturn this block, maintaining that the president should be able to remove Consumer Product Safety Commission members without cause.
The Supreme Court majority agreed, writing a two-paragraph emergency order overturning the lower court’s ruling, allowing their removal as the case proceeds. They also criticized the lower court for going against its previous rulings that issued similar decisions.
“Although our interim orders are not conclusive as to the merits, they inform how a court should exercise its equitable discretion in like cases,” the Supreme Court’s unsigned order said.
Justice Elena Kagan wrote, with Justices Sonia Sotomayor and Ketanji Brown Jackson joining her dissent, “By means of such actions, this Court may facilitate the permanent transfer of authority, piece by piece by piece, from one branch of Government to another.”
As the Lord Leads, Pray with Us…
- For discernment for the justices of the Supreme Court as they issue emergency decisions on challenges to President Trump’s actions.
- For the justices of the high court as they determine which cases to add to their fall docket.
Sources: Politico, AP News, Roll Call
