Appeals court extends timeline for briefs in Harper, Otsuka challenge

Litigation from former NCUA Board members Todd Harper and Tanya Otsuka challenging their removals remains ongoing. Last year, Harper and Otsuka were granted an expedited appeal to reinstate them to the board, but that was put on hold while the U.S. Supreme Court considered Trump v. Slaughter.

With the Slaughter decision released June 29, the parties in the NCUA case were required to file motions to govern future proceedings within 30 days. The U.S. Court of Appeals for the District of Columbia has provided a deferral of the motion filed by Harper and Ostuka earlier this month, directing the parties to file supplemental briefs on whether an expedited briefing schedule should be reimposed.

"We look forward to seeing the next steps in the challenge brought by Todd Harper and Tanya Otsuka, and how the Slaughter and Cook decisions will be applied in their case so we have clarity on presidential removal authority of NCUA Board members," said Ann Petros, America's Credit Unions’ vice president of policy engagement and credit union operations.

In a filing earlier this month, the administration said the Slaughter and Cook cases will have implications for many government cases concerning removals, in addition to cases "in which regulated parties have challenged statutory removal restrictions for executive officers." 

The administration also noted that it does not intend to file a new opening brief, standing on the arguments it previously made, which it says align with those SCOTUS adopted in Slaughter. 

Harper and Ostuka in their filing argue the NCUA is similar to the Federal Reserve so the Cook decision applies more clearly than Slaughter and supports their reinstatement to the NCUA Board. 

The administration must file its supplemental response to appellees’ motion by July 29; Harper and Otsuka may file a reply by Aug. 5.