In a significant decision with broad implications for the structure and independence of federal regulatory agencies, the U.S. Supreme Court on July 23, 2025, granted President Trump’s request to remove three Democratic commissioners from the Consumer Product Safety Commission (CPSC): Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr.

Background

The commissioners, all appointed by President Biden, had challenged their removal in federal court, citing statutory protections that limit removal to instances of “neglect of duty or malfeasance in office.” A federal district court agreed and ordered their reinstatement, relying on the Supreme Court’s longstanding precedent in Humphrey’s Executor v. United States (1935), which upheld Congress’s authority to insulate certain agency officials from at-will removal.

However, in a 6–3 decision, the Supreme Court stayed the lower court’s ruling ordering the reinstatement of the commissioners, allowing the removals to proceed while litigation continues. The majority cited its recent decision in Trump v. Wilcox (2025), which expanded presidential authority to remove members of the National Labor Relations Board and the Merit Systems Protection Board.

Key Takeaways

• Presidential Power Expanded: The Court’s decision signals a continued erosion of statutory protections for commissioners of independent agencies, reinforcing the unitary executive theory that the President must have control over all executive branch personnel.
• Agency Independence in Question: The ruling raises concerns about the future independence of the CPSC and similar bodies. Justice Kagan, in dissent, warned that the decision “negated Congress’s choice of agency bipartisanship and independence.”
• Precedent in Flux: While the Court’s order is technically an interim stay, it strongly suggests that the majority is prepared to revisit or narrow Humphrey’s Executor, a foundational case for the modern administrative state.

Implications for Businesses and Stakeholders

• Regulatory Uncertainty: With the CPSC’s leadership in flux, regulated industries may face uncertainty in enforcement priorities, rulemaking, and compliance expectations.
• Potential for Broader Impact: If the Court ultimately overturns or limits Humphrey’s Executor, other independent agencies—such as the FTC, SEC, and FCC—could see their leadership structures and decision-making processes reshaped by increased presidential control.
• Strategic Considerations: Companies interacting with federal regulators should monitor developments closely and consider how shifts in agency leadership may affect ongoing or future regulatory matters.

For More Information

If you have questions about how this decision may impact your business or regulatory strategy, please contact: John Kuppens and Kelly Reid.