Fifth Circuit Conservatives Dissent on Agency Removal Shields

Conservative judges on the US Court of Appeals for the Fifth Circuit said they believe a consumer protection agency’s protections against a president removing its members are unconstitutional, after the full court declined to take up the case.

The Fifth Circuit on Tuesday said it wouldn’t reconsider a January panel ruling that found the Consumer Product Safety Commission’s (CPSC) removal shields are permitted under US Supreme Court precedent, after a 8-9 vote among the judges. That decision relied on the 1935 ruling in Humphrey’s Executor v. United States, in which the Supreme Court said certain agencies were exempted from ...