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Amicus Briefs

Window Covering Manufacturers Association v. U.S. Consumer Product Safety Commission

CASE SUMMARY

NCLA filed an amicus curiae brief in Window Covering Manufacturers Association v. CPSC, a case before the U.S. Court of Appeals for the D.C. Circuit. The Window Covering Manufacturers Association (WCMA) was challenging a Consumer Product Safety Commission (CPSC) rule governing the length of cords for custom-made blinds. Petitioners challenged the rule on several grounds, including: a) CPSC’s failure to comply with the Consumer Product Safety Act, and b) the Commission’s unconstitutional structure shielding CPSC commissioners from at-will removal. On Jan. 10, 2023, the D.C. Circuit granted WCMA’s motion to stay the rule pending review and set an expedited briefing schedule.

CPSC “determined that custom window coverings with accessible operating cords longer than 8 inches pose an unreasonable risk of strangulation to children 8 years old and younger.” As a result of this determination, it required eliminating or substantially changing the most popular custom blind designs. The scale of the required changes is evident from the fact that “[n]o major manufacturer currently makes a corded custom window covering that complies with the Rule.” The Small Business Administration (SBA)—an Executive Branch agency led by a Senate-confirmed Cabinet-level official serving at the President’s will—opposed portions of the rule. CPSC enacted the rule over SBA’s opposition. But by ignoring SBA, CPSC disregarded the President’s preferred policy choices and substituted its own. Because CPSC’s very setup insulates its policy determinations from Presidential (and thus popularly accountable) review, it violates our Constitution’s structural strictures.

On September 12, 2023, the D.C. Circuit vacated the CPSC rule, another victory for NCLA.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer
Greg Dolin
Senior Litigation Counsel

RELEVANT MATERIALS

NCLA FILINGS

Opinion of the U.S. Court of Appeals for the District of Columbia Circuit

September 12, 2023 | Read More

Brief Amicus Curiae of The New Civil Liberties Alliance In Support of Petitioner

February 7, 2023 | Read More

PRESS RELEASES

NCLA Amicus Brief Challenges CPSC’s Unconstitutional Shielding of Commissioners from Removal

February 8, 2023 | Read More

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