Klobuchar, Cantwell, Blumenthal, Wasserman Schultz, Colleagues File Amicus Brief Urging Circuit Court to Protect the Independence of the Consumer Product Safety Commission

WASHINGTON - U.S. Senators Amy Klobuchar (D-MN), Maria Cantwell (D-WA), Richard Blumenthal (D-CT) and Representative Debbie Wasserman Schultz (D-FL) led 23 members of Congress in filing an amicus brief urging the Fourth Circuit to preserve the independence and effectiveness of the Consumer Product Safety Commission (CPSC) in response to President Trump's illegal firing of the CPSC's three Democratic Commissioners - Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka.

"For over 50 years, the Consumer Product Safety Commission has been free from politics so it can remain focused on its core mission of keeping Americans safe-from banning lead paint, to ensuring electronics aren't fire hazards, to making swimming pools safe for kids. Last year alone, the Commission recalled 153 million unsafe items,"said Sen. Klobuchar."By illegally firing the three Democratic commissioners, the President has undermined the independent structure of the Commission and its critical work- we can't let that happen."

"For 53 years, the bipartisan, independent CPSC has put consumer safety first," said Sen. Cantwell. "Now, President Trump has put politics first by illegally firing the three Democratic CPSC Commissioners. By injecting politics where it doesn't belong, the President is undermining the safety of children, seniors, and everyone else. I'm proud to stand with Congressional Democrats in pushing back against this illegal and partisan power grab."

"The Trump Administration is laying waste to lives and taxpayer dollars by illegally dismantling the bipartisan, independent Consumer Product Safety Commission-the nation's only watchdog tasked with protecting children and families from unsafe products. Our brief makes clear that the Trump Administration lacks the authority to do away with this critical, bipartisan agency and fire its Democratic Commissioners without cause. Independent agencies like the CPSC were established by Congress for the very purpose of ensuring unbiased, nonpartisan decision-making prioritizes the long-term interests of the public. President Trump's actions to decimate the CPSC fly in the face of the law and threaten the health and safety of every American,"said Sen. Blumenthal.

"Every day, the Consumer Product Safety Commission stops unforeseen tragedies in homes across America. If Trump succeeds in taking a wrecking ball to the CPSC, dangerous products will endanger children's lives, and more families risk horrible accidents," said Rep. Wasserman Schultz. "I have had the pleasure of working with the CPSC closely, in a bipartisan manner, on drowning prevention and pool safety for over a decade. I'm proud to lead this amicus brief with Senators Klobuchar, Cantwell, and Blumenthal to fight for an independent CPSC."

The brief argues that, under the Constitution, Congress has the authority to structure federal agencies and create multimember, independent agencies whose board members are protected from removal without cause - highlighting the 90 years of Supreme Court precedent allowing Congress to enact for-cause removal protections.

Under the laws creating the CPSC - and 30 other independent government agencies and boards - a commissioner can only be removed by the president "for neglect of duty or malfeasance in office."

The brief also details how maintaining the CPSC's independence is critical to its ability to fulfill its Congressional mandate to protect Americans from unreasonable injury risk.

Along with Klobuchar, Cantwell, Blumenthal and Wasserman Schultz, the brief was filed by Senators Chris Van Hollen (D-MD), Ben Ray Luján (D-NM), Ruben Gallego (D-AZ), Tammy Baldwin (D-WI), Elissa Slotkin (D-MI), Ed Markey (D-MA), Cory Booker (D-NJ), Tammy Duckworth (D-IL), Jacky Rosen (D-NV) Dick Durbin (D-IL), and Kirsten Gillibrand (D-NY), and Representatives Frank Pallone (D-NJ), Jan Schakowsky (D-IL), Sanford D. Bishop, Jr. (D-GA), Robin K. Kelly (D-IL), Kevin Mullin (D-CA), Doris Matsui (D-CA), Diana DeGette (D-CO), Debbie Dingell (D-MI), Yvette Clarke (D-NY), Jennifer McClellan (D-VA), Kathy Castor (D-FL) and Norma Torres (D-CA).

"For more than fifty years, the CPSC's independence has enabled it to keep dangerous products out of our homes and protect our children from preventable harm. Preserving the Commission's independence ensures public safety, not politics or industry pressure, comes first,"said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. "Senator Klobuchar and amici have sent a powerful message today: American families, especially American children, deserve nothing less than a strong, independent CPSC."

"The National Consumers League applauds Senator Klobuchar and her fellow amici for defending the spirit and letter of the law, decades of Supreme Court precedent, and the CPSC's ability to carry out its lifesaving mission," said Daniel Greene, Senior Director of Consumer Protection & Product Safety at the National Consumers League. "The CPSC's independence ensures that the agency is mission-driven, guided by experts and science, and insulated from changing political tides. Silencing the voices of subject-matter experts with whom you politically disagree does not improve government efficiency. It just leads to more unnecessary deaths and more unnecessary injuries."

An excerpt from the brief is below. The full amicus brief is available here.

Congress prioritized the CPSC's independence because its decisions would "necessarily involve a careful meld of safety and economic considerations," and Congress believed that the CPSC should strike this "delicate balance . . . as far removed as possible from partisan influence."

The text of the Consumer Products Safety Act and its legislative history make clear Congress's intent to ensure the integrity and vigilance of the CPSC by safeguarding the CPSC's independence through removal protections for its members. To ensure the CPSC's independence Congress relied on the "traditional requirements relating to the appointment and organization of independent regulatory agencies."