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Amicus Briefs

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

CASE 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. In Consumers’ Research v. Consumer Product Safety Commission, NCLA pointed out that Congress has authorized the Commissioners of CPSC 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.

In April 2024, the U.S. Court of Appeals for the Fifth Circuit denied the Plaintiffs’ petition for an en banc rehearing in this case.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer
John J. Vecchione
Senior Litigation Counsel
Greg Dolin
Senior Litigation Counsel

RELEVANT MATERIALS

NCLA FILINGS

Order of the U.S. Court of Appeals for the Fifth Circuit

April 16, 2024 | Read More

Brief Amicus Curiae of the New Civil Liberties Alliance in Support of Plaintiffs-Appellees and Re-Hearing en Banc

February 13, 2024 | Read More

Order

October 7, 2022 | Read More

Unopposed Motion for Leave to File Brief and Brief Amicus Curiae of the New Civil Liberties Alliance in Support of Plaintiffs-Appellees

October 7, 2022 | Read More

PRESS RELEASES

NCLA Asks Supreme Court to Restore Presidential Control over “Independent” CPSC Commissioners

July 18, 2024 | Read More

NCLA Amicus Brief Calls on en Banc Fifth Circuit to Rein in CPSC’s Unaccountable Power Structure

February 14, 2024 | Read More

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