WASHINGTON--The U.S. Court of Appeals for the D.C. Circuit issued a new order denying the expedited appeals process requested by Todd Harper and Tanya Otsuka, America's Credit Unions reported.
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 responded Monday, arguing 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.
The order means the appeal will take longer to resolve the ultimate question of whether it is lawful to limit the president’s power to remove NCUA board members at-will, ACU said.
The appeals court has still not yet made a ruling on the emergency stay motion.