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Under federal law, CPSC commissioners can only be removed by the president for “neglect of duty or malfeasance in office.” Similar protections apply to a few other federal agencies and are ostensibly designed to shield them from direct political influence by the White House.
Justice Brett Kavanaugh said he would have gone further and cautioned that the Court’s inaction could lead to “extended uncertainty and confusion” over whether it intends to overturn the longstanding precedent.
The decision hands President Trump another quick win in his broader effort to reclaim executive authority since returning to office. The administration has moved aggressively to challenge removal protections across multiple independent agencies.
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