Last week, we reported on the Trump Administration’s abrupt firing of all three Democratic Commissioners of the Consumer Product Safety Commission (“CPSC” or the “Commission”). At the time, the fired Commissioners expressed their intention to challenge their removal in court, with former Commissioner Richard Trumka Jr. publicly stating, “See you in court, Mr. President.” Following through on that statement, legal proceedings have now begun.
On May 21, 2025, Public Citizen Litigation Group filed a lawsuit on behalf of the removed Commissioners – Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr. – against President Donald J. Trump and several senior officials. The lawsuit, filed in the United States District Court for the District of Maryland, names as defendants President Donald J. Trump, Secretary of Treasury Scott Bessent, Direct of the Office of Management and Budget Russell Vought, and Acting Chairman of the Commission Peter A. Feldman, in their official capacities.
In their Complaint, the former Commissioners allege that their removal without explanation violated their statutory right to serve out their terms, as the dismissals were not based on neglect of duty or malfeasance as required by law.1
The Commissioners are seeking the following remedies:
- A declaration that their removal was unlawful, allowing them to resume their roles and complete their terms;
- An injunction preventing Acting Chairman Feldman from interfering with their duties, including terminating their staff or denying access to agency resources;
- An order requiring Bessent, Vought, and Feldman to restore any pay and benefits unlawfully withheld;
- An award of costs and attorneys’ fees.
As the case is litigated, it will be closely watched for its potential impact on the independence of federal agencies and the limits of executive power.
- 15 U.S.C. § 2053(a) ↩︎