Infant Deaths Prompt Justices’ Latest Separation of Powers Case

The US Consumer Product Safety Commission is the latest target of those seeking to undo the so-called administrative state, as the US Supreme Court was asked to halt an enforcement proceeding against an Oklahoma company.

The Commission brought an administrative enforcement proceeding against Leachco, Inc. after its infant lounger was linked to at least two deaths.

The company sued the commission in federal court to stop the proceeding, arguing that the agency is unconstitutionally structured. It said that the agency’s organization violates separation of powers because its commissioners and administrative law judges are removable only for cause.

Conservative and business ...