WASHINGTON--The Department of Justice—on behalf of the NCUA—argued in court filings Friday that there is no statutory language restricting the president’s at-will removal power, America's Credit Unions reported.
Friday’s filings mark the latest development in the lawsuit brought by former NCUA board members Todd Harper and Tanya Otsuka, who were dismissed by President Donald Trump in April.
Similar to previous filings in the lower court, the government claims Congress must use explicit language to restrict the president’s authority to remove executive officers, and no such language exists in the statute governing the NCUA, ACU noted.
Harper and Otsuka's reply brief is due Oct. 3, and the government’s subsequent reply is due Oct. 17. Oral argument has yet to be scheduled. In August, the U.S. Court of Appeals granted the administration’s request to keep both off the board until the litigation is resolved.
With Chairman Kyle Hauptman serving as its sole member, the NCUA board will convene on Sept. 18, while the rest of its 2025 meetings remain marked as “tentative.”