Pres. Donald Trump has removed three members of the Consumer Product Safety Commission — a historically independent agency — following its 3-2 decision on safety regulations for lithium-ion batteries in bicycles and scooters. Photo by Fine Photographics, Unsplash.

News Release

WASHINGTON, D.C. — The U.S. Supreme Court has allowed Pres. Donald Trump to remove three Democratic members of the Consumer Product Safety Commission, further escalating the administration’s efforts to assert greater control over independent federal agencies.

In a divided decision without a written explanation, the court’s conservative majority permitted the dismissal of the commissioners, who were appointed by then-Pres. Joe Biden. The ruling came through the court’s emergency docket and drew sharp opposition from the three liberal justices, who dissented.

The CPSC, which regulates the safety of consumer products including strollers, bicycles and lithium-ion batteries, normally consists of five members. The decision leaves only two Republicans, Peter A. Feldman and Douglas Dziak, on the commission, granting the Trump administration full authority over its operations for the time being.

The case stems from Trump’s early May decision to remove without cause Democratic commissioners Mary Boyle, Richard L. Trumka Jr. and Alex Hoehn-Saric, who had previously served as the CPSC’s chairman. Federal law protects CPSC commissioners from being removed without cause, limiting dismissals to circumstances involving neglect of duty or malfeasance in office.

The firings occurred shortly after a 3-2 vote by the CPSC to advance proposed safety standards for lithium-ion batteries in electric bicycles and scooters, an effort the remaining Republican commissioners had opposed. The batteries have been linked to dozens of deaths and injuries due to fire risks.

The lower courts had temporarily reinstated the three commissioners. A federal district court cited longstanding legal protections for independent agencies, referencing the Supreme Court’s 1935 decision in Humphrey Executor v. United States, which restricted the president’s power to remove certain officials at will. The U.S. Court of Appeals for the 4th Circuit upheld that decision, allowing the Democratic commissioners to remain in their roles pending further litigation.

Trump’s legal team, led by Solicitor General D. John Sauer, argued that the commissioners’ continued presence undermined the administration’s regulatory agenda. They described the situation as creating internal conflict within the agency, alleging that the Democratic commissioners had actively reversed decisions made by the remaining Trump-aligned members.

Supporters of the dismissed commissioners argued Congress intentionally designed the CPSC to be bipartisan and independent of presidential influence, incorporating staggered terms and removal protections to ensure political balance.

While the Supreme Court did not provide a full opinion, Justice Brett Kavanaugh, writing separately, suggested that the court could eventually overturn Humphrey Executor, signaling the potential for a broader shift in legal precedent governing the structure and independence of federal regulatory agencies.

The court’s decision follows similar recent rulings that have chipped away at protections for members of other independent bodies, including the National Labor Relations Board and the Merit Systems Protection Board. In both instances, justices declined to reinstate officials removed by Trump, despite statutory provisions limiting their dismissal.

With the current order in place, the future of several regulatory agencies remains uncertain as courts continue to weigh the limits of presidential power over bodies that Congress has historically shielded from direct executive control.