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national labor relations board
Amazon Rebuked for 'Reckless' Lawsuit Against Product Safety Agency
"Amazon wants to eliminate the Consumer Product Safety Commission so it can sell dangerous, poisonous, and defective crap with no consequences," said one critic.
Mar 21, 2025
Consumer advocates this week denounced a lawsuit filed by e-commerce giant Amazon against the federal agency tasked with promoting product safety and alerting the public to risks, a move that comes amid the Trump administration's war on government regulators.
Amazon's lawsuit, filed earlier this month in a Maryland federal court, claims that the U.S. Consumer Product Safety Commission (CPSC) is unconstitutional. The Seattle-based company—which raked in $638 billion in 2024 revenue—says it should not be held legally responsible for products sold on its site by third-party vendors.
"Amazon is suffering, and will continue to suffer, irreparable harm from being subjected to an order issued by an unconstitutionally structured agency," the company's complaint states.
"Let's be real: Amazon would gleefully sell products that could kill your kids for a 5-cent profit."
Last July, the five CPSC commissioners unanimously determined that Amazon is "a 'distributor' of products that are defective or fail to meet federal consumer product safety standards, and therefore bears legal responsibility for their recall" under the Consumer Product Safety Act (CPSA). More than 400,000 products were subject to the CPSC order, including "faulty carbon monoxide detectors, hairdryers without electrocution protection, and children's sleepwear that violated federal flammability standards."
In January, the CPSC issued a decision and order outlining steps Amazon must take "to notify purchasers and the public about hazardous products for which the commission determined Amazon was a distributor under the CPSA."
Critics allege that by suing the CPSC, Amazon is attempting to avoid responsibility for shipping dangerous products to its hundreds of millions of customers.
"Instead of demonstrating its commitment to consumer safety, Amazon has fought the CPSC every step of the way for more than three years, and now it's going to court," Consumer Reports director of safety advocacy William Wallace said this week. "The law is clear that Amazon is a 'distributor' in this case and must carry out a recall."
Amazon just sued @cpsc.gov bc it wants to be held blameless for the safety of third-party-sold products on its platform. That's bad enough. It's also claiming the CPSC's structure is unconstitutional—attacking the foundation on which all its work rests. advocacy.consumerreports.org/press_releas...
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— William Wallace (@wwconsumer.bsky.social) March 18, 2025 at 6:47 AM
Wallace continued:
Amazon wants to be held blameless for the safety of products sold by third parties on its platform, which is bad enough—but what's even worse is that the company is attacking the legal foundation on which the CPSC rests. Amazon's suit suggests the company thinks the people of the United States would be better off without an independent, bipartisan safety agency to enforce our laws and protect consumers from dangerous products. We strongly disagree and condemn Amazon's reckless constitutional claims.
"It's absurd to suggest that because a company hosts a marketplace online it should be exempt from sensible requirements that help get hazardous products out of people's homes and prevent them from being sold," Wallace added. "The court should reject Amazon's arguments. Taking Amazon at its word would mean hazardous products slipping through the cracks, even when they are capable of injuring or killing people."
Wallace's remarks came a day after the CPSC issued warnings for products including a toddler playset due to what the agency says is a risk of serious injury or suffocation death, a mattress posing a fire risk, and a brand of liquid Benadryl whose packaging is not child-resistant.
Amazon and SpaceX—owned by Elon Musk, the de facto head of the Trump administration's Department of Government Efficiency—have also spearheaded lawsuits claiming the National Labor Relations Board, the federal agency tasked with protecting workers' rights, is unconstitutional.
The companies and their billionaire leaders have found an ally in U.S. President Donald Trump, whose administration has signaled that it will not defend the precedent set by Humphrey's Executor v. United States, a 1935 Supreme Court ruling protecting commissioners at independent federal agencies from being fired by the president at will, if it is challenged in court.
Amazon wants to eliminate the Consumer Product Safety Commission so it can sell dangerous, poisonous and defective crap with no consequences. Let's be real: Amazon would gleefully sell products that could kill your kids for a 5 cent profit. Pure evil.
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— Emma Lydon (@emmalydon.bsky.social) March 21, 2025 at 9:18 AM
Georgetown University Law Center professor Victoria Nourse toldThe Washington Post this week that right-wing lawyers are emboldened by the administration's stance, describing lawsuits like those filed by Amazon and SpaceX as "little fires being lit all over Washington."
"What Trump wants and what the companies want is to get rid of all this regulation, period," Nourse added.
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'What Oligarchy Looks Like': Trump Reportedly Picks Union-Busting Lawyer for Labor Post
Crystal Carey is a partner at Morgan Lewis, the "top choice of union-busting rat bastards everywhere," one labor journalist said, highlighting how "Amazon has taken full advantage of their evil talents."
Mar 18, 2025
Amid widespread frustrations with U.S. President Donald Trump's attacks on working people, including his pursuit of an economic agenda "of, by, and for billionaires," the Republican is reportedly considering yet another betrayal: installing a partner at "a go-to union-busting law firm" as the next general counsel of the National Labor Relations Board.
That's according to David Dayen, executive editor of The American Prospect. Shortly after taking office in January, Trump fired NLRB General Counsel Jennifer Abruzzo—and Democratic board member Gwynne Wilcox, who is fighting her ouster in court. Dayen exclusively reported Monday that Trump plans to replace Abruzzo with Crystal Carey from "the notorious anti-union law firm Morgan Lewis."
Carey is "a former NLRB attorney with experience on both the general counsel and board sides of the agency," according to her biography on the firm's website. Now, "she represents employers" across a wide range of industries for collective bargaining, labor law counseling, and NLRB investigations and litigation.
Since the 1950s, her firm has been "involved in some of the most prominent labor battles in America... from the 1981 air traffic controllers strike to efforts by McDonald's to resist the Fight for $15," Dayen explained. "One of Morgan Lewis' biggest current clients is Amazon, which used algorithmic management and surveillance tactics to prevent unionization at its warehouse in Bessemer, Alabama, in 2021. Amazon also has an active lawsuit that seeks to declare the NLRB unconstitutional."
While Dayen's multiple sources didn't know when a formal announcement would be made and the White House did not respond to a request for comment, the journalist—and many readers of his report—highlighted that "the selection would confirm that any talk of the second term of President Trump being in any way pro-labor was largely lip service or sheer fantasy."
The Philadelphia Council AFL-CIO said on social media: "Union-busting is disgusting, especially when it's coming from the highest office. When unelected billionaires have the ear of an already corrupt president, workers and working families will continue to be on the chopping block. This is what oligarchy looks like, folks."
Labor journalist Kim Kelly sarcastically said, "More great stuff from the 'pro-worker' administration."
"To emphasize how much this sucks, Morgan Lewis is *the* top choice of union-busting rat bastards everywhere and Amazon has taken full advantage of their evil talents to harass and intimidate low-wage workers in the South out of organizing," she added.
Jimmy Williams, general president of the International Union of Painters and Allied Trades, said Trump's reported selection of Carey "comes as a complete shock to No ONE."
Some critics took aim at International Brotherhood of Teamsters president Sean O'Brien, who has repeatedly faced backlash for cozying up to Trump's GOP since he spoke at the Republican National Convention last summer. He also came under fire for praising Lori Chavez-DeRemer, Trump's labor secretary pick, who was confirmed last week.
Dayen noted that "labor secretary is not a big policymaking job, at least not compared to the NLRB general counsel. The general counsel sets priorities for NLRB cases, which govern union elections and rights in the workplace. The Labor Department has important priorities as well, but the work to end the slide in union density in the United States really begins at the NLRB."
In response to Dayen's reporting, Emma Lydon, managing director of government relations at Progressive Change Campaign Committee, said: "Great work, Sean O'Brien. Cozying up to fascists and billionaires really worked out well for all of us."
Jonathan Cohn, political director for Progressive Mass, similarly quipped, "Congratulations to Sean O'Brien!"
The labor podcast Work Stoppagesaid: "Thanks Sean O'Brien for claiming Trump wants to help U.S. workers! He just gave the most powerful labor law post in the country to one of the lawyers fighting the Teamsters at Amazon."
"Allying with the right didn't work for Teamsters" under former Presidents Richard Nixon or Ronald Reagan, the podcast's account added, "and it won't work now."
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'An American President Is Not a King': Judge Reinstates Labor Regulator Illegally Fired by Trump
"The president seems intent on pushing the bounds of his office and exercising his power in a manner violative of clear statutory law to test how much the courts will accept the notion of a presidency that is supreme."
Mar 06, 2025
A federal judge on Thursday reinstated Gwynne Wilcox, a Democratic member of the National Labor Relations Board, and suggested that U.S. President Donald Trump's attempt to fire her was an example of the Republican testing how much he can exceed his constitutional powers.
Wilcox filed a federal lawsuit in February, after Trump ousted her and NLRB General Counsel Jennifer Abruzzo. On Thursday, U.S. District Judge Beryl Howell—who was appointed by former President Barack Obama to serve in the District of Columbia—declared Wilcox's dismissal "unlawful and void."
"The Constitution and case law are clear in allowing Congress to limit the president's removal power and in allowing the courts to enjoin the executive branch from unlawful action," Howell wrote in a 36-page opinion. She also sounded the alarm about arguments made by lawyers for the defendants, Trump and Marvin Kaplan, chair of the NLRB.
"A president who touts an image of himself as a 'king' or a 'dictator,' perhaps as his vision of effective leadership, fundamentally misapprehends the role under Article II of the U.S. Constitution."
"Defendants' hyperbolic characterization that legislative and judicial checks on executive authority, as invoked by plaintiff, present 'extraordinary intrusion[s] on the executive branch,' ...is both incorrect and troubling," the judge wrote. "Under our constitutional system, such checks, by design, guard against executive overreach and the risk such overreach would pose of autocracy."
She stressed that "an American president is not a king—not even an 'elected' one—and his power to remove federal officers and honest civil servants like plaintiff is not absolute, but may be constrained in appropriate circumstances, as are present here."
"A president who touts an image of himself as a 'king' or a 'dictator,' perhaps as his vision of effective leadership, fundamentally misapprehends the role under Article II of the U.S. Constitution," Howell asserted. "In our constitutional order, the president is tasked to be a conscientious custodian of the law, albeit an energetic one, to take care of effectuating his enumerated duties, including the laws enacted by the Congress and as interpreted by the judiciary."
The judge cited a widely criticized February 19 social media post from the White House, which features an image of Trump in a crown, with text that states, "Long live the king."
"The president seems intent on pushing the bounds of his office and exercising his power in a manner violative of clear statutory law to test how much the courts will accept the notion of a presidency that is supreme," Howell warned. "The courts are now again forced to determine how much encroachment on the legislature our Constitution can bear and face a slippery slope toward endorsing a presidency that is untouchable by the law."
The president's attempt to fire Wilcox halted federal labor law enforcement in the United States. AFL-CIO president Liz Shuler celebrated Howell's ruling in a Thursday statement, saying that "more than a month after Trump effectively shut down the NLRB by illegally firing Gwynne Wilcox, denying it the quorum it needs to hold union-busters accountable, the court ordered Wilcox immediately returned to her seat, allowing the NLRB to get back to its essential work."
"The court also sent an important message that a president cannot undermine an independent agency by simply removing a member of the board because he disagrees with her decisions," she said. "Working people around the country count on equal justice and fair decision-making from an independent NLRB—and today, because of Wilcox's commitment to the mission of the NLRB and her refusal to stand by as Trump illegally removed her from the board, the NLRB can get back to work."
Wilcox isn't the only federal worker who has challenged the president's power to fire her. As Politicodetailed:
On Thursday, a federal workplace watchdog fired by Trump—Special Counsel Hampton Dellinger—dropped his legal bid to reclaim his post after a federal appeals court permitted his termination. Cathy Harris, a member of the Merit Systems Protection Board, which oversees the grievance process for many federal employees, is also resisting Trump’s effort to remove her and was reinstated last month by a federal judge.
The Supreme Court likely will soon weigh in on Congress' ability to insulate executive branch officials from being fired by the president without cause. With Dellinger's decision to drop his legal fight, Harris' case appears likeliest to reach the high court in the near-term. It’s possible Wilcox's case will get folded into that ongoing fight.
The nation's highest court has a right-wing supermajority that includes three Trump appointees, though they have at times ruled against the president—including on Wednesday, when five justices refused to overturn a lower court order about foreign aid.
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