21 states file brief in support of president’s ability to dismiss NCUA board members

Twenty-one states have filed an amicus brief in support of the administration’s position in the legal challenge from dismissed NCUA board members Todd Harper and Tanya Otsuka. The two were dismissed by President Donald Trump in April and filed a lawsuit seeking reinstatement. 

According to the brief, the states have an interest in ensuring “federal officials exercising significant executive authority are removable by the President, and thus accountable to the people. Anything less is inconsistent with the Framers’ design and risks intrusion on state sovereignty.”

The dismissed board members claim their removal is unlawful and contrary to congressional intent, while the government maintains that there is no statutory language restricting the president’s authority to remove NCUA board members. 
The D.C. Circuit Court of Appeals has set oral arguments for Nov. 21. 

The brief was filed by Florida Attorney General James Uthmeier on behalf of Florida, Alabama, Alaska, Arkansas, Georgia, Indiana, Kentucky, Oklahoma, Ohio, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and the Arizona legislature.

America’s Credit Unions continues to support a strong, independent NCUA with a full, three-member board, and is monitoring the legal proceedings.