South OC Times

Washington – Congressman Darrell Issa (CA-48) and Senator Ted Cruz (R-TX), along with other Members of Congress, have submitted an amicus brief supporting the request of Consumers’ Research to have their case heard by the Supreme Court of the United States in Consumers’ Research v. Consumer Product Safety Commission.

The case, brought forth by Consumers’ Research, seeks to overturn or at least narrow the Supreme Court’s decision in Humphrey’s Executor v. United States (1935), which held that the Constitution permits some protections against the President removing high-level executive officials.

The Consumer Product Safety Commission is an independent agency that, under precedent from Humphrey’s Executor, is insulated from Presidential removal of officials.

“The decision in Humphrey’s Executor was a mistake, and this case presents an opportunity for a watershed Supreme Court opinion that restores the President’s control over the executive branch – ensuring accountability and proper functioning,” said Rep. Issa. “I’m proud to stand with Senator Cruz in urging the Supreme Court to hear this case, rectify a flawed precedent, and rein in the power of the administrative state.”

“Our political system is designed with an important series of checks and balances to ensure the American people can hold their leaders accountable. The growth of the vast federal bureaucracy is due, in part, to the expansion of independent agencies that can flout the will of the people without the normal check of the political process. The heads of these agencies, like all members of the executive branch, must answer to the President, and we urge the Supreme Court to review the Fifth Circuit decision below, overturn Humphrey’s Executor, and return political power to the people,” said Senator Cruz.

Text of the amicus brief can be found here.

Representatives Jeff Duncan, Lance Gooden, Jay Obernolte, and John Rose joined Representative Darrell Issa. Senators Marsha Blackburn, Michael S. Lee, Ted Budd, Cynthia M. Lummis, and Joni Ernst joined Senator Ted Cruz.