WCMA v. CONSUMER PRODUCT SAFETY COMMISSION

No. 22-1300.

82 F.4th 1273 (2023)

WINDOW COVERING MANUFACTURERS ASSOCIATION, Petitioner v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 2023.


Attorney(s) appearing for the Case

Nicole A. Saharsky argued the cause for petitioner. With her on the briefs were Avi M. Kupfer and Erika Z. Jones.

Tyler S. Badgley , Jordan L. Von Bokern , Brett A. Shumate , Anthony J. Dick , Brinton Lucas , Charles E.T. Roberts , and J. Benjamin Aguiñaga were on the brief for amicus curiae Chamber of Commerce of the United States of America in support of petitioner.

John J. Vecchione was on the brief for amicus curiae New Civil Liberties Alliance in support of petitioner.

Paul W. Hughes and Andrew A. Lyons-Berg were on the brief for amicus curiae National Association of Manufacturers in support of petitioner.

Steven A. Myers , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Daniel Tenny , Attorney.

Adina H. Rosenbaum and Michael T. Kirkpatrick were on the brief for amici curiae Consumer Federation of America, et al. in support of respondent.

Elizabeth B. Wydra , Brianne J. Gorod , and Brian R. Frazelle were on the brief for amicus curiae Constitutional Accountability Center in support of respondent.

Before: Srinivasan, Chief Judge, Wilkins and Pan, Circuit Judges.


The Consumer Product Safety Commission (the "Commission") issues safety standards for potentially dangerous products. In 2022, the Commission promulgated a rule that set stringent safety standards for the operating cords on custom-made window coverings, based on a finding that such...

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