Harper v. Bessent (2025 Credit Union, Appea)
Overview
Overview
The government appealed Judge Ali's order finding President Trump's attempt to fire Todd Harper and Tanya Otska from the National Credit Union Administration Board to be unlawful.
The Issue
Issue
Can the President remove members of the National Credit Union Administration Board without cause, or are they protected by statutory for-cause removal restrictions?
The Rules
Rule
The President generally has broad removal power over executive officials, but Congress may impose for-cause removal restrictions on officers in executive agencies when statutory language clearly limits removal to specified causes. Humphrey's Executor v. United States and Myers v. United States establish the framework for evaluating removal restrictions on executive branch officers.
The Application
Analysis
The NCUA Board operates under statutory provisions governing board member terms and removal procedures. Judge Ali found these statutory protections valid and enforceable against the President's attempt to remove Harper and Otska, treating the removal restrictions as a lawful congressional limitation on presidential authority.
The Conclusion
Conclusion
The government has appealed Judge Ali's finding that the removal restrictions are unlawful, seeking broader presidential removal authority. The case is pending appellate decision by the CADC on the scope of presidential removal power over NCUA Board members.
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