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Update: US Supreme Court Declines to Hear Appeal Related to President's Level of Control Over Federal Agencies
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Update: US Supreme Court Declines to Hear Appeal Related to President's Level of Control Over Federal Agencies
Oct 22, 2024 12:31 AM

05:58 PM EDT, 10/21/2024 (MT Newswires) -- (Updates with Consumers' Research comments in penultimate paragraph.)

The US Supreme Court on Monday rejected to hear an appeal filed by two organizations in a case involving the Consumer Product Safety Commission that ultimately sought to give the president more power over federal agencies.

Consumers' Research and By Two LP had asked the Supreme Court if federal agencies "may exercise substantial executive power while shielded from the supervision and control" of the US president, according to a petition filed with the Court.

The petition said the Consumer Product Safety Commission, or CPSC, is "perhaps one of the most powerful independent agencies ever created."

"The CPSC is a multimember commission that regulates nearly every aspect of our lives -- from the mattresses in our beds to the clothes in our closets, to the gas stoves in our kitchens. It can ban products, file enforcement suits, and secure eight-figure penalties. But it does all of this outside the lines of political accountability," the petition said.

"The President cannot fire the CPSC's Commissioners except for cause. The result is a federal agency entrusted with substantial executive power, but wholly unaccountable to the Chief Executive whose power it wields," the petition said.

A Bloomberg report said Monday that the appeal by two organizations was an attempt to give the president control over agencies that operate independently, which could potentially include the Federal Trade Commission and the Securities and Exchange Commission.

The lawyers for Consumers' Research and By Two LP include Don McGahn, who was White House counsel for former President Donald Trump, Bloomberg reported, adding that the appeal challenged a 1935 Supreme Court precedent that has been targeted by anti-regulatory organizations.

"This battle over consumer protections is not over," Consumers' Research Executive Director Will Hild said in an email sent to MT Newswires in reply to a request for comment. "While it is disappointing the Supreme Court declined our appeal, Consumers' Research will continue to look for ways to protect consumers from an unconstitutional bureaucracy that lacks the proper checks and balances."

The Consumer Product Safety Commission didn't immediately respond to a request for comment by MT Newswires.

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