CONSUMERS' RESEARCH v. CONSUMER PRODUCT SAFETY

No. 22-40328.

91 F.4th 342 (2024)

CONSUMERS' RESEARCH; By Two, L.P., Plaintiffs-Appellees, v. CONSUMER PRODUCT SAFETY COMMISSION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED January 17, 2024.


Attorney(s) appearing for the Case

Brett Shumate , Anthony J. Dick , John Matthew Gore , Brinton Lucas , Jones Day, Washington, DC, for Plaintiff-Appellee Consumers' Research.

Brett Shumate , Anthony J. Dick , John Matthew Gore , Jones Day, Washington, DC, for Plaintiff-Appellee By Two, L.P.

Mark Reiling Freeman , Attorney, Mark Bernard Stern, Esq. , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Daniel J. Aguilar , Amanda Mundell , Joshua Marc Salzman , Anna Manchester Stapleton , U.S. Department of Justice, Civil Division, Washington, DC, Chetan Adinath Patil , U.S. Department of Justice, Washington, DC, for Defendant-Appellant.

John Mercer Masslon, II , Washington Legal Foundation, Washington, DC, for Amicus Curiae Washington Legal Foundation.

Gregory Dolin, Senior Litigation Counsel, New Civil Liberties Alliance, Washington, DC, for Amicus Curiae New Civil Liberties Alliance.

Andrew John Pincus, Mayer Brown, L.L.P., Washington, DC, for Amicus Curiae Chamber of Commerce of the United States of America.

R. Trent McCotter, George Mason University, Antonin Scalia Law School, Arlington, VA, for Amicus Curiae Separation of Powers Clinic.

Luke A. Wake, Attorney, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.

Matthew R. Miller, Esq., Texas Public Policy Foundation, Austin, TX, for Amicus Curiae Texas Public Policy Foundation.

Before Jones, Dennis, and Willett, Circuit Judges.


The Supreme Court in recent years has taken a keen interest in administrative law—the law that governs the government —reexamining foundational notions of federal regulatory power.1 In its current Term, for example, the Court is revisiting so-called Chevron deference...

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