Tag: Supreme Court

SCOTUS denies cert. in case regarding agency independence

This PubCo post highlighted a petition for cert. filed this term to review the Fifth Circuit decision, Consumers’ Research v. Consumer Product Safety Commission. Below is a brief update on the outcome. The expectation was that, if the SCOTUS granted cert. in the case, the Court might take the opportunity to continue its shellacking of the administrative state.  But would they? The case involved the concept of agency independence as established in a 1935 case, Humphrey’s Executor v. United States—more specifically, the president’s authority to remove commissioners of so-called “independent” agencies, in this instance, the Consumer Product Safety Commission. With the three-judge panel of the Fifth Circuit practically begging SCOTUS to review its decision, it sure seemed like a good bet that the Court would grant cert.