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A coalition of 21 states, led by Florida, and the Arizona Legislature have filed a “friend of the court” brief in support of the Trump administration’s effort to uphold the president’s removal of NCUA Board members Todd Harper and Tanya Otsuka .
The amici curiae filing argued that the president has “absolute authority to remove members of the National Credit Union Administration Board”, warning that allowing so-called “independent” financial regulators to operate without direct presidential oversight undermines democratic accountability and threatens state sovereignty.
The brief contended the district court erred in reading removal protections into the NCUA statute, which sets six-year terms for board members but does not explicitly limit presidential removal power. The states also asserted that Harper and Otsuka pursued the wrong legal remedy.
According to the brief, challenges to a federal officer’s removal must proceed through a writ of quo warranto under the D.C. Code, a process that does not authorize reinstatement.
Beyond constitutional separation-of-powers concerns, the amici emphasized that equity courts historically lacked jurisdiction to reinstate public officials, citing English and American precedents from the 19th century. They argued that the lower court overstepped by ordering Harper and Otsuka’s reinstatement through declaratory and injunctive relief.
The D.C. Circuit Court of Appeals, which previously granted a stay pending appeal, has now scheduled oral arguments for Nov. 21. The panel of judges will be disclosed 30 days before the hearing.
The case could determine not only the fate of Harper and Otsuka, but also clarify the scope of presidential authority over independent financial regulators. Until the matter is resolved, NCUA Chairman Kyle Hauptman remains the agency’s sole confirmed board member.
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