Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly


The Trump administration on Wednesday asked the Supreme Court to remove three Democratic members of the Consumer Product Safety Commission (CSPC), who were fired by President Donald Trump and then reinstated by a federal judge.

Trump has the power to fire independent agency board members, the Justice Department argued in its filing to the high court, pointing to a May ruling by the Supreme Court that endorsed a robust view of presidential power.

The administration asked the court for an immediate order to allow the firings to go forward, over the objections of lawyers for the commissioners.

The commission helps protect consumers from dangerous products by issuing recalls, suing errant companies and more. Trump fired the three Democrats on the five-member commission in May. They were serving seven-year terms after being nominated by President Joe Biden.

U.S. District Judge Matthew Maddox in Baltimore ruled in June that the dismissals were unlawful. Maddox sought to distinguish the commission’s role from those of other agencies where the Supreme Court has allowed firings to go forward.

A month earlier, the high court’s conservative majority declined to reinstate members of the National Labor Relations Board and the Merit Systems Protection Board finding that the Constitution appears to give the president the authority to fire the board members “without cause.” The three liberal justices dissented.

The administration has argued that all the agencies are under Trump’s control as the head of the executive branch.

Maddox, a Biden nominee, noted that it can be difficult to characterize the product safety commission’s functions as purely executive.

The fight over the president’s power to fire could prompt the court to consider overturning a 90-year-old Supreme Court decision known as Humphrey’s Executor. In that case from 1935, the court unanimously held that presidents cannot fire independent board members without cause.

The decision ushered in an era of powerful independent federal agencies charged with regulating labor relations, employment discrimination, the airwaves and much else. But it has long rankled conservative legal theorists who argue the modern administrative state gets the Constitution all wrong because such agencies should answer to the president.

The Consumer Product Safety Commission was created in 1972. Its five members must maintain a partisan split, with no more than three representing the president’s party. They serve staggered terms.

That structure ensures that each president has “the opportunity to influence, but not control,” the commission, attorneys for the fired commissioners wrote in court filings. They argued the recent terminations could jeopardize the commission’s independence.

Legal News | Breaking News | Terms & Conditions | Privacy

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. Affordable law firm web design company
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   More Law Firm Blogs
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
Family Law in East Greenwich, RI
Divorce Lawyer, Erica S. Janton
www.jantonfamilylaw.com
Lane County, OR DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
ADA Compliance Defense
Queens, NY Lawyer
www.seolawgroup.com
New York Surrogacy Lawyers
New York Adoption Lawyers
Adoption Pre-Certification
www.lawrsm.com
Chicago, Naperville IL Workers' Compensation Lawyers
Chicago Workplace Injury Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Immigration Attorney in Los Angeles, California
Family Immigration Attorney
www.brianohlaw.com/english
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Korean Web Agency
  Law Firm Directory