Amicus Brief: Consumers’ Research; By Two, L.P. v. Consumer Product Safety Commission

AMICUS BRIEF SUMMARY

NCLA is particularly disturbed by government officials not answerable to the President who are purportedly authorized by statute to usurp his Article II power to enforce the law. That usurpation is present here, where Congress has authorized the Commissioners of the Consumer Product Safety Commission to exercise executive powers, including the power to commence litigation. But CPSC Commissioners may not be removed at will by the President. Because they are not subject to his at-will removal, the Commission may not exercise the executive power.

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CASE: Consumers’ Research; By Two, L.P. v. Consumer Product Safety Commission

COURT: U.S. Court of Appeals for the Fifth Circuit

DOCUMENT: No. 22-40328

COUNSEL FOR AMICI CURIAE: Gregory Dolin, Mark Chenoweth, Philip Hamburger, Brian Rosner

FILED: October 7, 2022

CASE DOCUMENTS

October 7, 2022 | Order
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October 7, 2022 | Unopposed Motion for Leave to File Brief and Brief Amicus Curiae of the New Civil Liberties Alliance in Support of Plaintiffs-Appellees
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PRESS RELEASES

OPINION

MEDIA MENTIONS