Government argues against expedited appeal for Harper, Otsuka challenge

The Department of Justice (DOJ)—on behalf of the NCUA and administration—argued against an expedited appeals process that Todd Harper and Tanya Otsuka requested in a filing late Monday. The president dismissed the two from the NCUA Board in April. They were reinstated to the board last month, then removed after an appeals court granted an emergency administrative stay.  

Harper and Otsuka’s filing last week sought to deny the government’s request for emergency stay and an expedited appeals court ruling to quickly reinstate them, claiming the board needs a quorum to perform its statutory duties. The DOJ argued Monday that an expedited schedule is unnecessary, as upcoming court rulings on the president’s power to remove members of other federal boards are also awaiting decisions. 

While the appeals court has yet to make a ruling on the emergency stay motion, the government asked the appeals court in its reply, that in the event it rules against the DOJ’s emergency stay, it extend the initial administrative stay another week so the government can appeal the stay decision to the U.S. Supreme Court.

America’s Credit Unions consistently supports a full, bipartisan, three-member NCUA board to lead the independent agency and will closely monitor the proceedings as they continue.