Judge rules Trump lacked authority to fire CPSC members, orders reinstatement

A federal judge of Maryland judged on Friday that the president Donald Trump The power to dismiss three Democratic members of the Consumer Product Safety Commission (CPSC) and ordered their reintegration – creating another confrontation of the tribunals with high issues focused on Trump as a commander -in -chief to delete or control the members of independent agencies.

American district judge Matthew Maddox, a named Biden, connected with the three ousted Members of the Board of Directors – Mary Boyle, Alexander Hoehn -Saric and Richard Trumka Jr. – Judging that their layoffs have been illegal and ordered that the three members are reintegrated in their positions.

In his decision, Maddox said that the CPSC Board of Directors’ Board of Directors to Five Terminated Term “did not interfere with” the powers of Trump’s executive branch under Article II of the American Constitution.

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The decision is a short -term blow for Trump, and comes a few weeks after the Supreme Court Last month, agreed to respect, for the moment, the abolition of Trump of two names Democrats of the National Labor Relations Board (NLRB) and the Merit Systems Protections Board (MSPB).

The two members of the board of directors had challenged their dismissals as “illegal” in separate proceedings deposited before DC Federal Court. The Supreme Court voted 6-3 in May to temporarily allow the dismissal of the two members of the board of directors, the headquarters of lawyers for the Trump administration, who had urged the judges to keep the two members at work while the case continued to pass the lower courts.

In his decision, Maddox sought to distinguish these cases from the dismissals of the members of the CPSC board of directors and declared that the Trump administration, in this case, had not identified negligence or embezzlement by any other commissioner confirmed by the Senate on the CPSC, which is required by law to justify their moves.

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“For the reasons set out below, the court does not find any constitutional defect in the statutory restriction of the complainant’s ablation and that the alleged dismissal of the applicants was illegal,” he said in the order.

“The court will make an order granting the applicants’ request, rejecting the request of the defendants and granting a declaratory and injunctive compensation allowing applicants to resume their functions as CPSC commissioners.”

The decision opens the way to members to return to their roles to the council, pending an appeal before the higher courts by the Trump administration.

The case is the last of a series of challenges focused on Trump’s ability to withdraw members from independent councils. Like NLRB and MSPB decisions, he focuses on the decision of the 90 -year -old Supreme Court known as the name Humphrey’s executor, in which the court unanimously ruled that presidents cannot dismiss independent members of the board of directors without reason.

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Maddox invoked the uncertainty created by the preliminary posture of the NLRB and MSPB cases, which saw the two complainants withdrawn and reintegrated into their positions several times – which, according to him, was the basis for ordering a more permanent injunctive relief.

“The disturbances could have translated by the instantaneous case if the applicants had been reinstated while this case was in its preliminary posture, only so that the court later refused to repeat in its final judgment and the applicants of the subject to the revocation,” said Maddox. “The risk of such a disturbance is no longer a factor now that the court grants a permanent injunction as a final judgment.”