Commission In Limbo: SCOTUS Puts CPSC Commissioners Back Out of Action
Client Alert | less than 1 min read | 07.24.25
In May 2025, the Trump Administration, asserting Executive authority, terminated the three Democratic Commissioners of the Consumer Product Safety Commission. On June 13, 2025, a Maryland district court aborted the without-cause termination while a legal challenge proceeds, leaving the Commissioners in place.
No longer. On July 23, 2025, the Supreme Court granted an emergency request and stayed the district court’s blocking order. The six-Justice majority reasoned that the harm to the government from the stay order outweighs a Commissioner’s inability to perform his or her statutory duty.
While the majority ruling was unsigned, three Justices by name dissented, declaring this an unwarranted use of the Court’s stay authority.
Crowell will be monitoring developments as they unfold.
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Following the 10th Circuit's April 21, 2026, decision affirming the disallowance of Liberty Global’s $2.4 billion deduction under the codified economic substance doctrine, I.R.C. § 7701(o), Liberty Global filed a petition for panel rehearing or rehearing en banc on June 5, 2026. That petition has since drawn significant amicus support from various industry groups representing large taxpayers, as discussed below.
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