Supreme Court Sides with President Trump - He Can REMOVE Them All
Washington, D.C. - May 28, 2026
SUPREME COURT SIDES WITH PRESIDENT TRUMP — ALLOWS REMOVAL OF BIDEN’S THREE CONSUMER PRODUCT SAFETY COMMISSION APPOINTEES WITHOUT CAUSE
The U.S. Supreme Court has ruled that President Donald J. Trump may, for now, remove the three commissioners appointed by former President Joe Biden to the Consumer Product Safety Commission without cause.
The decision represents a major victory for executive authority and further erodes a 90-year-old precedent designed to protect certain independent regulatory agencies.
“The Consumer Product Safety Commission exercises executive power in a similar manner as the National Labor Relations Board, and the case does not otherwise differ from Wilcox in any pertinent respect,” the court stated in its order.
Justice Brett Kavanaugh issued a separate statement indicating he would have granted the case for full review this fall.
All three liberal justices dissented.
Justice Elena Kagan, writing on behalf of herself, Justice Sonia Sotomayor and Justice Ketanji Brown Jackson, sharply criticized the majority for using the emergency docket to override congressional intent.
“The majority has acted on the emergency docket—with ‘little time, scant briefing, and no argument’ — to override Congress’s decisions about how to structure administrative agencies so that they can perform their prescribed duties,”
she wrote. “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.”
The ruling directly challenges the 1935 precedent set in Humphrey’s Executor v. United States, which had limited presidential removal power over members of independent agencies like the Federal Trade Commission. In that unanimous decision, the court held that Congress could shield agency officials from at-will removal except for cause such as neglect of duty or malfeasance.
In 2021, Biden appointed three commissioners to the CPSC, the agency responsible for setting product safety standards, overseeing recalls, and researching hazards. Months into his second term, President Trump moved to dismiss them before their terms expired, arguing they wield substantial executive power and serve at the pleasure of the president.
The commissioners sued, claiming their removal violated the law establishing the agency as independent. A federal judge in Maryland temporarily blocked the removals, and the Fourth Circuit declined to intervene. The Trump administration then appealed to the Supreme Court.
This ruling follows a similar 6-3 decision in May that allowed the administration to remove members of the National Labor Relations Board and the Merit Systems Protection Board.
The decision is temporary while lower courts continue to hear the case, but it significantly strengthens the administration’s position and signals a broader shift toward expanded presidential authority over independent agencies.
President Trump hailed the outcome as a restoration of constitutional balance.
“The American people elected a President to lead the Executive Branch. This ruling confirms that the President has the authority to manage that branch effectively,”
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he stated.
The Consumer Product Safety Commission regulates thousands of consumer products, and the move is expected to allow the administration to install new leadership aligned with its priorities on deregulation and consumer protection.
