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The US Supreme Court turned down an appeal that aimed to provide the president authority over long-standing independent agencies, such as the Securities and Exchange Commission and the Federal Trade Commission.
Two research organizations filed the appeal in a case involving the Consumer Product Safety Commission, contended that the president has broad power contended the Constitution to dismiss the heads of executive-branch agencies. It questioned a Supreme Court ruling from 1935 that anti-regulatory organizations had made a point of attacking.
As is customary while rejecting an appeal, the court remained silent and no justice publicly expressed dissension.
The decision, known as Humphrey’s Executor v. United States, cleared the path for the autonomous agencies that are now widely distributed throughout the US government and maintained job protections for FTC commissioners.
Consumers’ Research and By Two LP, whose lawyers include former President Donald Trump’s White House counsel Don McGahn, filed the appeal.
The Supreme Court is determined to limit agency power in the upcoming term.
The CPSC was created by Congress in 1972. The commission can impose multimillion-dollar fines on violators and establishes standards for thousands of products, such as cribs, cleaning supplies, kitchen appliances, and all-terrain vehicles.
The president appoints the agency’s five commissioners, who serve seven-year terms and are only removed “for neglect of duty or malfeasance in office.”
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Because of the way the CPSC handled of Freedom of Information Act requests, the research groups filed a lawsuit against it. The Biden administration argued that the FOIA inquiries are not enough to provide the groups with legal standing to challenge the commissioners’ job protections and urged the court to dismiss the appeal.
The case is regarding Consumers’ Research v. Consumer Product Safety Commission.
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