Bipartisan Lawmakers Defend Independent Consumer Product Safety Commission Amidst Trump Administration's Politics-Driven Firing of CPSC Commissioners

Senate Commerce Committee Ranking Member Maria Cantwell and 23 Congressional Democrats filed an amicus brief to defend the independence of the Consumer Product Safety Commission (CPSC). The brief argues that President Trump's decision to fire three Democratic CPSC Commissioners is an illegal and partisan power grab, undermining consumer safety. Cantwell stated, "For 53 years, the bipartisan, independent CPSC has put consumer safety first...By injecting politics where it doesn't belong, the President is undermining the safety of children, seniors, and everyone else."

Key Takeaways:

• The amicus brief makes four key arguments in support of an independent CPSC and restrictions on the President's removal authority.
• Since the adoption of the U.S. Constitution, Congress has exercised its power to condition the President's removal authority, with the courts affirming this power on numerous occasions.
• Over 30 multimember independent agencies have been created by Congress in the 90 years since Humphrey's Executor held that for-cause removal protection for multimember commissioners is constitutional.
• The independence of the CPSC from political pressure is critical to its ability to fulfill its mission and protect consumers from harm.
• Sen. Cantwell has been a leading voice in denouncing attacks on the CPSC and defending the agency, calling on President Trump to reverse the firing of the CPSC's three Democratic Commissioners on May 9, 2025.
• The amicus brief was filed by 26 members of Congress, including Senators Amy Klobuchar (D-Minn.), Richard Blumenthal (D-Conn.), Chris Van Hollen (D-Md.), and Representatives Debbie Wasserman Schultz (D-Fla.) and Frank Pallone (D-N.J.).

Statistics:

• Since the adoption of the U.S. Constitution, Congress has created at least 30 multimember independent agencies with no controversy from the president or the courts.
• The Consumer Product Safety Commission (CPSC) has protected consumers for 53 years through its bipartisan and independent operations.
• Over 90 years, Humphrey's Executor has affirmed that for-cause removal protection for multimember commissioners is constitutional.

Sources:

• Maria Cantwell, Senate Commerce Committee Ranking Member. Cantwell, Congressional Colleagues File Amicus Brief Defending Bipartisan, Independent CPSC. September 3, 2025. Commerce Senate site.
• Original text: https://www.commerce.senate.gov/2025/9/cantwell-congressional-colleagues-file-amicus-brief-defending-bipartisan-independent-cpsc