Mary Boyle v. Donald Trump
25-1687
| 4th Cir. | Jul 23, 2025Background
- The President removed members of the Consumer Product Safety Commission (CPSC), an independent agency, without cause.
- Plaintiffs challenged the removals, arguing Congress intended to shield CPSC Commissioners from at-will removal to preserve agency independence.
- The District Court issued an order preventing the President from removing the CPSC members pending litigation.
- The Government sought an emergency stay from the Supreme Court, citing a recent, similar case (Trump v. Wilcox) involving the National Labor Relations Board (NLRB).
- The Supreme Court granted the stay, pending appeal and possible Supreme Court review, allowing the President’s removals to take effect.
- Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, warning the decision undermines agency independence and longstanding precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| President’s removal of CPSC Commissioners without cause | Congress intended CPSC members could only be removed for cause, ensuring independence | President has authority to remove executive officers and control executive agencies | Stay granted, allowing President to remove Commissioners without cause |
| Validity of Humphrey’s Executor precedent | Humphrey’s protects the structure of independent agencies from at-will removal | Wilcox and similar cases suggest President can remove multi-member agency heads at will | Court’s stay signals departure from Humphrey’s through emergency orders |
| Role of emergency docket in significant constitutional questions | Major restructuring of agency independence should not occur on emergency docket | Emergency relief is necessary to maintain executive authority during litigation | Majority grants stay using precedent of Wilcox, despite dissent’s criticism |
| Potential need for quick Supreme Court review | Certiorari before judgment should be granted to quickly resolve agency removal precedent | Government prefers stays during appeals; not all Justices support bypassing lower courts | Certiorari before judgment not granted; stay issued pending appeal |
Key Cases Cited
- Humphrey’s Executor v. United States, 295 U.S. 602 (Near-century-old precedent upholding limits on Presidential removal of members of independent agencies)