Consumer organization successfully challenges structure of Consumer Product Safety Commission

Client(s) Consumers' Research

Jones Day successfully represented a consumer organization in a constitutional challenge to the structure of the Consumer Product Safety Commission. Jones Day argued that the Commission’s structure violates Article II of the Constitution because the Commission exercises substantial executive power but is improperly insulated from presidential control, as a statute prohibits the President from removing the Commissioners except for cause. A federal district court agreed, holding that the statutory removal restriction in 15 U.S.C. § 2053(a) “is contrary to Article II, § 1, cl. 1 of the U.S. Constitution, which states that the ‘executive Power shall be vested in a President of the United States of America.’”

Consumers’ Research v. Consumer Product Safety Commission, No. 6:21-cv-256-JDK (E.D. Tex.)