Trump Illegally Fires Democrats on Consumer Product Safety Commission Defying Supreme Court Precedent

On May 9, 2025, former President Donald Trump took the unprecedented step of firing all three Democratic commissioners serving on the U.S. Consumer Product Safety Commission (CPSC), an independent federal agency responsible for regulating the safety of consumer products, including electronics. This action directly violates a longstanding Supreme Court precedent established in 1935, which restricts the president’s authority to remove members of independent regulatory commissions without cause.

The firings occurred shortly after the Democratic commissioners—Richard Trumka, Mary Boyle, and Alexander Hoehn-Saric—voted to implement safety standards for small lithium-ion batteries used in electric bikes and scooters. These batteries have been linked to at least 39 fatalities and 181 injuries nationwide due to fire hazards. The two Republican commissioners opposed the safety standards, highlighting the partisan divide within the commission.

This move follows a similar pattern seen earlier in March 2025, when Trump fired Democratic commissioners at the Federal Trade Commission (FTC), another independent agency. Both actions challenge the Supreme Court’s Humphrey’s Executor decision, which limits presidential removal powers to protect the independence of regulatory bodies that exercise legislative authority.

The White House, through Press Secretary Karoline Leavitt, has maintained that the president has the right to remove executive branch officials at will, signaling an intent to overturn Humphrey’s Executor at the Supreme Court. The new Republican FTC chair supports this interpretation, while the fired commissioners have filed lawsuits challenging their removals.

Consumer advocacy groups, including Consumer Reports, have condemned the firings as a dangerous attack on the independence of agencies tasked with protecting public safety. The controversy raises critical questions about the future of regulatory oversight, especially concerning product safety standards that impact millions of consumers nationwide.

The CPSC’s bipartisan structure and fixed five-year terms for commissioners are designed to insulate the agency from political interference, ensuring consistent enforcement of safety regulations. The recent budget proposal to eliminate the CPSC and transfer its powers to the Department of Health and Human Services, led by a political appointee, further intensifies concerns about politicization of consumer safety enforcement.

As this legal and political battle unfolds, the implications for consumer product safety, regulatory independence, and executive power are profound. The Supreme Court’s eventual decision on Humphrey’s Executor could redefine the balance of power between the presidency and independent agencies, affecting regulatory frameworks across multiple sectors.

Stakeholders in technology, manufacturing, and consumer safety must closely monitor these developments to anticipate changes in regulatory enforcement and compliance requirements. The controversy underscores the critical role of independent agencies in safeguarding public interests against political pressures.