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The US Consumer Product Safety Commission is the latest target of those seeking to undo the so-called administrative state, as the US Supreme Court was asked to halt an enforcement proceeding against an Oklahoma company.
The Commission brought an administrative enforcement proceeding against Leachco, Inc. after its infant lounger was linked to at least two deaths.
The company sued the commission in federal court to stop the proceeding, arguing that the agency is unconstitutionally structured. It said that the agency’s organization violates separation of powers because its commissioners and administrative law judges are removable only for cause.
Conservative and business groups seeking to rein in what they see as too much power handed over to federal agencies have successfully challenged the make up of several agencies. The court next term is set to hear major challenges to the Consumer Financial Protection Bureau and the Securities and Exchange Commission.
Leachco brought an emergency action asking the justices to stop what it says is “bet-the-farm” proceedings until after a federal court has decided whether the commission is constitutionally structured. Lower courts are split on whether agency proceedings should be halted while the structural question works its way through court, according to Leachco.
The case is Leachco v. Consumer Product Safety Commission, U.S., No. 23A124.
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