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American Home Furnishings Alliance v. Consumer Product Safety Commission

In October 2022, the Consumer Product Safety Commission (CPSC) issued a new safety standard for clothing storage units, such as dressers, armoires, wardrobes, and chests of drawers. The American Home Furnishings Alliance, Mississippi Economic Council, and Mississippi Manufacturers Association challenged the rule in the U.S. Court of Appeals for the Fifth Circuit.  Among other things, they argued that the rule should be vacated because the President can only remove CPSC commissioners for cause.

Public Citizen filed an amicus brief in support of the CPSC. The brief explained that the restrictions on removing CPSC commissioners do not violate separation-of-powers principles and, in any event, do not provide a basis for vacating or enjoining the final rule.

The CSPC subsequently adopted a new safety standard for clothing storage units, and the Petitioners voluntarily dismissed their challenge to the 2022 rule.