Trump Firing Consumer Product Safety Commissioners Was Unlawful
WASHINGTON, D.C. – A lawsuit filed today in the U.S. District Court for the District of Maryland challenges President Donald Trump’s recent firing of three members of the five-member U.S. Consumer Product Safety Commission (CPSC). Public Citizen Litigation Group filed the suit on behalf of the three Commissioners, Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr., explaining that their termination was unlawful.
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.” 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.
“Safety shouldn’t be partisan. The CPSC needs independent leadership that is not beholden to anyone, whether it is corporate interests or the administration. That is why I am pressing to reverse President Trump’s illegal action against my fellow Democratic commissioners and me,” said Commissioner Mary Boyle.
“The law is clear. We’re going to win this case, so that we can get back to protecting American consumers,” said Commissioner Richard Trumka Jr.
“The unlawful removal of duly appointed commissioners undermines public safety and the rule of law. This suit is necessary to support the integrity of the CPSC’s work and its independence,” said Commissioner Alexander Hoehn-Saric.
“The purported terminations violate statutory restrictions on the president’s removal authority, and any attempt to implement them exceeds the legal authority of the individuals who acted on the president’s behalf,” said Nick Sansone, attorney for Public Citizen Litigation Group and lead counsel on the case. “The removals should be declared unlawful, and Commissioners Boyle, Hoehn-Saric, and Trumka should be allowed to get back to work immediately so that they can continue performing their vital role in protecting consumers throughout the nation from dangerous products.”
The complaint is here.