Supreme Court Allows Trump To Fire Democrat Appointees On Federal Panel
In a major victory for executive power and constitutional governance, the Supreme Court on Wednesday backed President Donald J. Trump’s right to remove entrenched bureaucrats from the Consumer Product Safety Commission (CPSC), overturning a lower court’s attempt to shield Biden-era appointees.
The emergency order, unsigned but supported by the majority, clears the path for President Trump to remove Commissioners Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr., who were previously reinstated by a lower court ruling. The move affirms the President’s sweeping authority to hold unelected officials accountable and reassert control over rogue administrative agencies.
Citing its own May decision allowing Trump to remove officials from the National Labor Relations Board and the Merit Systems Protection Board, the Supreme Court said the CPSC case differed in no “pertinent respect.” The justices made clear that their prior rulings serve as strong indicators of how similar cases should be handled.
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View Plans“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 Court’s emergency order stated.
Not surprisingly, the Court’s three liberal justices — Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson — dissented. In a scathing opinion, Kagan accused the majority of undermining congressional intent and dismantling what she called "agency bipartisanship and independence."
“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. Respectfully, I dissent,” Kagan wrote.
But for President Trump, the ruling marks yet another step in his mission to drain the swamp — again — in his second term. Since returning to the White House, the administration has challenged the 90-year-old legal precedent allowing Congress to shield bureaucrats from removal, arguing it violates core separation-of-powers principles.
Solicitor General D. John Sauer blasted the lower courts for openly defying the Supreme Court’s clear direction, pointing to District Judge Matthew Maddox’s decision to block Trump’s firings. Sauer urged the Court to settle the matter directly by adding the CPSC case to its regular docket and resolving the underlying constitutional question once and for all.
“This case illustrates that the sooner this Court resolves the merits of this application and decides foundational questions about the scope of the President’s removal authority, the better,” Sauer argued.
Although the majority declined to take that step, Justice Brett Kavanaugh supported the idea and warned that further delay could result in “extended uncertainty and confusion.” He emphasized that waiting for more litigation to “percolate” in lower courts served no purpose.
“Moreover, when the question is whether to narrow or overrule one of this Court’s precedents rather than how to resolve an open or disputed question of federal law, further percolation in the lower courts is not particularly useful,” Kavanaugh wrote.
President Trump’s removal of the CPSC commissioners—installed by former President Biden—was executed without explanation. Federal law states that such officials can only be dismissed for “neglect of duty or malfeasance in office,” a constraint the Trump administration argues is unconstitutional and ripe for repeal.
Predictably, left-wing advocacy group Public Citizen, representing the ousted commissioners, pleaded with the justices to stay out of the case.
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View Plans“The government now asks this Court to disrupt the status quo and enter a stay that would prevent the Commissioners from serving in the roles that the district court held they are entitled to occupy,” their attorneys wrote in court documents, according to The Hill.
But the Supreme Court wasn’t swayed. The ruling represents another decisive moment in Trump’s second-term campaign to restore constitutional checks and balances and rein in the bureaucratic deep state.