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Judge Rules CPSC Commissioners Were Fired Unlawfully, Can Now Return to Work

WASHINGTON, D.C. — Today, a federal judge ruled in favor of Consumer Product Safety Commission (CPSC) commissioners Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr. in their lawsuit against the Trump administration for unlawfully firing them. The judge ordered that they must be allowed to return to work. The three commissioners were represented in the case by Public Citizen Litigation Group.

To ensure the CPSC’s independence, Congress specified in the Consumer Product Safety Act that commissioners can be removed by the president prior to the end of their terms “for neglect of duty or malfeasance in office but for no other cause.” Last month, in clear violation of that law, Trump nonetheless fired the three commissioners, who had not engaged in any neglect of duty or malfeasance. He gave no reason for firing them.

Nick Sansone, the Public Citizen Litigation Group attorney serving as lead counsel for the plaintiffs, issued the following statement in response:

“Today’s opinion reaffirms that the President is not above the law. Congress structured the CPSC as an independent agency so that the safety of American consumers wouldn’t be subject to political whims and industry pressure. The court’s ruling upholds that sound legislative choice. We are thrilled that our clients can get back to work keeping us safe from hazardous products.”