WASHINGTON—As the legal battle over the removal of NCUA Board Members Todd Harper and Tanya Otsuka progresses, ACU Chief Advocacy Officer Carrie Hunt believes the case could ultimately break in favor of the Trump Administration.
As previously reported by CUToday.info, Harper and Otsuka—both Democratic appointees—returned to work last Thursday following a district court ruling that found their removal unlawful. However, they were sidelined once again after the U.S. Court of Appeals for the D.C. Circuit granted the Trump Administration’s emergency motion to stay that decision. The appeals court emphasized that its ruling was procedural, aimed at allowing sufficient time to consider the government's appeal, and not an indication of how it might ultimately rule.
Now, with the case potentially heading for the U.S. Supreme Court, Hunt suggested the high court could eventually side with the Administration.
“I do think that ultimately the Supreme Court is going to decide that the president does have the ability and authority to remove those appointees because he's nominating them,” Hunt stated about all of the legal battles being fought over the President’s removal of members of federal agency boards. “Ultimately, Congress is confirming that. So, I think that we will end up in a place that departs from Humphrey’s Executor.”
As CUToday.info has reported, Humphrey’s Executor v. United States is a U.S. Supreme Court case that established limitations on the president's authority to remove certain federal officials.
Hunt noted that if the Supreme Court rules in favor of broader presidential authority, Congress could still take legislative steps to reinforce the independence of federal agencies.
“There’s a lot coming down the pike,” she added.