Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Independent federal agency commissioners removed by Trump file suit, (May 22, 2025)
By Brandi O. Brown, J.D.
Three of the five members of the U.S. Consumer Product Safety Commission were terminated from their roles earlier this month without explanation.
According to a lawsuit filed by three members of the U.S. Consumer Product Safety Commission (CPSC), they were summarily and without explanation terminated from their commissioner jobs on May 8 and May 9, purportedly at the behest of President Trump. The CPSC is an independent federal agency headed by a five-member commission and, by statute, the President may only remove commissioners ahead of the expiration of their terms “for neglect of duty or malfeasance but for no other cause.”
They allege that their purported terminations violate those statutory restrictions and that they are ultra vires and in excess of constitutional authority. They seek injunctive relief preventing their removal and any obstruction of them carrying out their duties, as well as to have their removals declared unlawful.
The lawsuit was filed in federal district court in Maryland; the case is No. 8:25-cv-01628-MJM.
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