Harper, Otsuka respond to appeals court stay

Dismissed NCUA board members Todd Harper and Tanya Otsuka filed a response late Monday to the stay that now keeps them both off the board until the appeals process concludes.  

Harper and Otsuka are seeking to be reinstated quickly with a request for the Appeals Court to make an expedited ruling. Their response states that a quorum of board members is needed to perform the NCUA’s statutory duties and also suggests that the NCUA is under a time crunch to perform its duties—citing the need to extend the interest rate ceiling before 2026.  

This is the latest update following the administration’s appeal of the lower court’s ruling that President Donald Trump’s dismissal of Harper and Otsuka was unlawful and counter to Congressional intent. The Appeals Court granted the administration’s emergency administrative stay, which keeps Harper and Otsuka off the board. They will remain off the board, subject to a superseding ruling by the Appeals Court after it considers the emergency motion for stay and subsequent party responses pending appeal.

A reply from the administration is due August 11. America’s Credit Unions consistently supports a full, bipartisan, three-member NCUA board to lead the independent agency and will closely monitor the appellate proceedings.