On Wednesday, the Justice Department under President Donald Trump submitted an emergency appeal to the Supreme Court in an effort to reverse a lower court ruling. This ruling prevented three regulators, appointed by President Biden, from being removed from their positions.
The appeal specifically requests the Supreme Court to allow the Trump administration to terminate three members of the U.S. Consumer Product Safety Commission (CPSC). This action follows another emergency appeal, previously granted by the Supreme Court, concerning the dismissal of two Biden-appointed staff members from the National Labor Relations Board (NLRB) and the Merit System Protection Board (MSPB).
White House spokesman Harrison Fields expressed frustration, stating, “It’s outrageous that we have to seek Supreme Court intervention again as lower court judges continue to dismiss the clear rulings of the High Court.” He emphasized that the Supreme Court has now allowed the termination of board members from independent agencies.
Fields further argued that the High Court has supported the President’s constitutional authority to manage executive officers. However, he criticized what he described as an ongoing assault by an activist judge that undermines that authority. “Despite these challenges, President Trump remains dedicated to fulfilling his responsibilities,” he added.
Mary Boyle, Alexander Horn Salic, and Richard Trumka Jr. were appointed by former President Biden for seven-year terms in an independent agency known for offering protection from dismissal except in cases of misconduct or negligence.
After Trump attempted to fire these three regulators, they initiated a lawsuit arguing that their removal lacked justification. A federal judge in Maryland sided with them, and this decision was upheld by the Court of Appeals earlier this week.
The Trump administration’s emergency appeal claims that the three regulators did not support the President’s agenda and instead “threw the agency into chaos.”
This appeal further stated that following a prior High Court ruling in favor of the Trump administration regarding the termination of two labor officials, the current situation should also favor the administration. Attorney General John Sauer noted that the CPSC holds limited executive power in comparison to other boards.
According to Politico, the appeal will be directed to Secretary John Roberts, who will handle emergency requests stemming from the Court of Appeals that upheld the previous Maryland court decision blocking Trump’s efforts.
